People v. Vataj

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: WACHTLER
• Citation: People v. Vataj, 517 N.Y.S.2d 708, 69 N.Y.2d 985 (N.Y. 1987)
• Decision Date: 28 May 1987
• Parties: , 510 N.E.2d 792 The PEOPLE of the State of New York, Respondent, v. Joseph VATAJ, Appellant.

Page 708

517 N.Y.S.2d 708

69 N.Y.2d 985, 510 N.E.2d 792

The PEOPLE of the State of New York, Respondent, v. Joseph VATAJ, Appellant.

Court of Appeals of New York.

May 28, 1987.

Mark F. Pomerantz, David T. Grudberg and Warren L. Feldman, New York City, for appellant.

Carl A. Vergari, Dist. Atty. (Bruce Edward Kelly, Maryanne Luciano and Anthony J. Servino, White Plains, of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 121 A.D.2d 756, 504 N.Y.S.2d 677, should be reversed and a new trial ordered.

The trial court erred in refusing to submit to the jury, for purposes of the corroboration statute (CPL 60.22), the question whether a prosecution witness was an accomplice to the charged crimes.

Defendant was indicted for the crimes of murder in the second degree and criminal possession of a weapon in the second degree. At trial, the People's principal witness, Gerald Mullahey, testified that defendant ran a drug operation; that two months prior to the death of the victim Melendez, defendant was approached on two occasions by strangers who wished to purchase narcotics; and that each prospective customer identified Melendez as the person who had informed him that defendant sold drugs. Mullahey also testified that defendant told him that Melendez was "talking to a cop" about drug sales by one of defendant's friends. Moreover, on two occasions, according to Mullahey, defendant complained that Melendez had a "loose mouth" and was "putting our business out in the street." A week before the murder, Mullahey said, defendant referred to Melendez and stated that he was going to "have to hurt the kid." Finally, Mullahey testified that, shortly before the murder and at defendant's request, he placed two guns--one of which belonged to defendant--in defendant's sister's car which was later used to...