People v. McClean

OPINION OF THE COURT

Simons, J.

Defendant has been convicted of robbing King’s Variety Store in Albany. The conviction rests largely on testimony by his two accomplices, Ricky Cuff, who entered the store before the robbery, posing as a customer, and Jacob Whitbeck, who drove the getaway vehicle. They were the only witnesses who identified defendant as the gunman. On appeal, the Appellate Division reversed the judgment and ordered a new trial, a majority of the court agreeing with defendant’s contention that the People had improperly bolstered the accomplices’ testimony at trial by presenting to…