PEOPLE v. SHELTON

2009-02652.

98 A.D.3d 988 (2012)

951 N.Y.S.2d 69

2012 NY Slip Op 6153

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BUSHAWN SHELTON, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

September 12, 2012.


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

On appeal, the defendant contends, inter alia, that the trial court erred in failing to instruct the jury with an accomplice-corroboration charge. We agree. Although the defendant did not preserve this claim for appellate review by requesting such a charge, or objecting to the jury charge as given...

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