IN A RULING that takes pains to emphasize the proper definition of an “accomplice” under New York state law, the Appellate Division, First Department, has unanimously reinstated an indictment against a man accused of robbery and homicide.
The opinion in People v. Cruz, 5060, signed by Justice Joseph P. Sullivan, allows prosecutors to go forward with a case against Francisco Cruz, who allegedly participated in a plot to rob drug dealers and then sell the drugs. In one robbery in 1997, a man was shot dead in a Riverside Drive apartment after being tied up by several men, allegedly including Mr. Cruz.
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