People v. Santarelli

Appeal from a judgment of the County Court of Greene County (Fromer, J.), rendered September 28, 1982, upon a verdict convicting defendant of two counts of the crime of reckless endangerment in the first degree. It is undisputed that the People’s witness Michael Schnur was an accomplice, as a matter of law, whose testimony required corroboration (People v Duncan, 46 NY2d 74,79, cert den 442 US 910). County Court, however, after properly charging the jury that Schnur was an accomplice, charged the jury that whether Schnur was an accomplice was a factual question for them to decide. Such charge…