New York Court of Appeals
The People of the State of New York, Respondent v. Jerry Whatley, Appellant
February 12, 198769 N.Y.2d 784
Summary
The Court affirmed the Appellate Division's order, upholding the murder conviction. It held that the indictment under an acting‑in‑concert theory was proper, that the jury could be instructed to find the defendant guilty as an accessory or principal despite uncertain identification, and therefore the conviction stood.