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PEOPLE v. BRANK

7009, 3277/10.

162 A.D.3d 602 (2018)

80 N.Y.S.3d 38

2018 NY Slip Op 04839

The People of the State of New York, Respondent, v. Derrick Brank, Appellant.

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

Decided June 28, 2018.

The absence of an instruction to the jury to decide whether the lead witness was an accomplice in fact, whose testimony would then require corroboration pursuant to CPL 60.22, was harmless in light of the overwhelming evidence of guilt (see People v Crimmins, 36 N.Y.2d 230 [1975]). Regardless of whether the witness was an accomplice, her testimony was abundantly corroborated by another witness, who was present during the final hours...

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