. Judgment unanimously reversed, on the law and facts, and a new trial granted. Memorandum: Defendants’ convictions of criminal possession of stolen property in the second degree must be reversed due to the trial court’s failure to submit to the jury the question of fact as to whether the prosecution’s two central witnesses were accomplices. A witness may be an accomplice for corroboration purposes if he or she may reasonably be considered to have participated in an offense based upon some of the same facts or conduct which make up the offense on trial (People v Berger,
94 A.D.2d 965
N.Y. App. Div.1983AI-generated responses must be verified and are not legal advice.
