2010 NY Int. 137

This opinion is uncorrected and subject to revision before publication in the Official Reports.

2010 NY Slip Op 05708

Decided on July 1, 2010

No. 175 SSM 15

The People & c., Respondent,

v

James McRae, Appellant.

Submitted by appellant, pro se.

Submitted by Elizabeth L. Guinup, for respondent.

MEMORANDUM

The order of the Appellate Division should be affirmed. Because the accomplice testimony was corroborated with independent evidence as well as evidence that "harmonized" with the accomplice testimony, the evidence was legally sufficient to support defendant's convictions (see People v Reome, __ NY3d __, Slip op at 8 [June 17, 2010]). Next, the trial judge did not abuse his discretion when denying defendant's eve-of-trial application to relieve his second court-appointed attorney and to appoint substitute counsel. Finally, defendant argues that the trial judge's failure to properly instruct the jury on the affirmative defense to CPL 160.15 (4) affected the entire verdict. This claim is unpreserved for our review.

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On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

Decided July 1, 2010