People v. Potwora

Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: Defendant appeals from a judgment of conviction entered upon a jury verdict which found him guilty of obscenity in the first degree. At trial the prosecution’s case was based primarily upon the testimony of two bookstore owners, at least one of whom unequivocally connected defendant with the wholesale promotion of certain publications. Although requested by defendant, the trial court refused to charge that these witnesses were, in fact, accomplices of defendant and that as such their testimony had to be…