People v. Arend

— Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of burglary in the second degree, criminal mischief in the fourth degree, and grand larceny in the fourth degree, arising from the break-in at the Gauer residence, must be reversed and those counts of the indictment dismissed because the accomplice testimony was not sufficiently corroborated. We agree. Toby East and Larry Lawton testified that they and defendant, on December 19, 1989, broke into the Gauer residence and stole three guns. Those…