People v McRae

People v McRae 2010 NY Slip Op 05708 [15 NY3d 761] July 1, 2010 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 8, 2010

[*1] The People of the State of New York, Respondent,
v
James McRae, Appellant.

Decided July 1, 2010

People v McRae, 65 AD3d 1382, affirmed.

APPEARANCES OF COUNSEL

James McRae, appellant pro se.

Francis D. Phillips, II, District Attorney, Goshen (Elizabeth L. Guinup and Andrew R. Kass of counsel), for respondent.

{**15 NY3d at 762} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Because the accomplice [*2]testimony was corroborated with independent evidence as well as evidence that "harmonized" with the accomplice testimony, the evidence was legally sufficient to support defendant's convictions (see People v Reome, 15 NY3d 188, 194 [2010]). Next, the trial judge did not abuse his discretion when denying defendant's eve-of-trial application to relieve his second court-appointed attorney and to appoint substitute counsel. Finally, defendant argues that the trial judge's failure to properly instruct the jury on the affirmative defense to Penal Law § 160.15 (4) affected the entire verdict. This claim is unpreserved for our review.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.{**15 NY3d at 763}

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.