People v. Kretchmer

— Judgment unanimously affirmed. Memorandum: On appeal from his conviction of second degree burglary and petit larceny, defendant primarily contends that the court erred in failing to charge the jury that the main prosecution witness, Rick Stephens, was an accomplice as a matter of law, and that there was insufficient corroboration of Stephens’ testimony. We agree with defendant’s contention that Stephens’ testimony is uncorroborated. Thus, the only issue is whether the evidence compels a finding that Stephens was an accomplice or whether the jury rationally found that he was not.

According to…