Opinion
March 26, 1990
Appeal from the County Court, Westchester County (Cowhey, J.).
Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.
The trial court's failure to instruct the jury on the accomplice corroboration rule was error (CPL 60.22). The testimony of Elizabeth Guzman, an accomplice as a matter of law (see, CPL 60.22 [a]), who secured a reduced exposure to criminal liability for her cooperation, warrants reversal under the circumstances of this case. This witness's testimony substantially contributed to the defendant's conviction, and the proof of guilt against the defendant is less than overwhelming (see, People v Arnott, 143 A.D.2d 761; People v Saraireh, 134 A.D.2d 464; People v Strawder, 124 A.D.2d 758).
In view of our determination, we note that the defendant may, if he be so advised, seek a Wade hearing prior to the retrial, and we do not otherwise address the defendant's remaining contentions. Mangano, P.J., Bracken, Lawrence and Kooper, JJ., concur.