PEOPLE v. McINTYRE (2000)

 Defendant appeals from a judgment convicting him after a jury trial of robbery in the first degree (Penal Law § 160.15[1] ) and two counts of robbery in the second degree (Penal Law § 160.10[1], [2][b] ).   Contrary to defendant's contention, the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   The jury was entitled to credit the testimony of defendant's accomplice connecting defendant to the crime, and the testimony of the accomplice was substantially corroborated by the physical evidence of defendant's fingerprint at the crime scene together with the testimony of other witnesses, including the testimony of two witnesses concerning admissions made by defendant to them (see, CPL 60.22[1];  People v. Shedrick, 66 N.Y.2d 1015, 1018, 499 N.Y.S.2d 388, 489 N.E.2d 1290, rearg. denied 67 N.Y.2d 758, 500 N.Y.S.2d 1028, 490 N.E.2d 1234).

 By failing to object to the charge, defendant failed to preserve for our review his contention that County Court erred in failing to charge the jury that a prosecution witness, the girlfriend of defendant's accomplice, could be considered an accomplice (see, People v. Kimbrough, 155 A.D.2d 935, 547 N.Y.S.2d 756, lv. denied 75 N.Y.2d 814, 552 N.Y.S.2d 564, 551 N.E.2d 1242).   In any event, that contention lacks merit.   The testimony of the accomplice with respect to that witness established only that she may have been an accessory after the fact, not an accomplice whose testimony required corroboration (see, People v. Brazeau, 162 A.D.2d 979, 980, 557 N.Y.S.2d 205, lv. denied 76 N.Y.2d 891, 561 N.Y.S.2d 553, 562 N.E.2d 878).

Judgment unanimously affirmed

MEMORANDUM: