Defendant did not preserve his claim that the court should have instructed the jury that certain prosecution witnesses were accomplices as a matter of law and that their testimony required corroboration, and we decline to review it in the interest of justice. As an alternative holding, we find that the absence of such a charge was harmless in light of the very extensive corroborating evidence (see e.g. People v Schwartz,
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PEOPLE v. SMITH-MERCED
50 A.D.3d 259 (2008)
854 N.Y.S.2d 386
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SMITH-MERCED, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided April 1, 2008.
Decided April 1, 2008.
Appellate Division of the Supreme Court of the State of New York, First Department.
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