People v. Youlio

The defendant was convicted in the County Court of Orange county of the crime of assault in the second degree. The judgment thereafter entered was reversed by the Appellate Division — not on the facts which were amply sufficient to justify the verdict — but for two alleged errors of the trial court.

1. The trial judge was requested to charge the jury that it was for them to determine on all the facts in the case whether or not the People’s witnesses Smith and Feo were accomplices in the alleged assault; if so, their testimony required corroboration. There was a refusal and an exception.…