Judgment of conviction by the County Court of Kings county and order denying motion for a new trial reversed upon the law, and a new trial ordered. We think the court erred in charging as a matter of law that the complaining witness was not an accomplice. Whether he was an accomplice or not depended upon whether there was a voluntary submission to the act on his part, and this was a question of fact. Blackmar, P.J., Kelly, Manning, Kelby and Young, JJ., concur.