People v. Shelton

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered February 27, 2009, convicting him of assault in the first degree and burglary in the second degree, upon a jury verdict, and imposing sentence.

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…