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People v. Parker

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 943 (N.Y. App. Div. 1983)

Opinion

November 4, 1983

Appeal from the Supreme Court, Monroe County, Boomer, J.

Present — Dillon, P.J., Doerr, Denman, O'Donnell and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: The People do not have to prove as an element of robbery in the first degree (Penal Law, § 160.15, subd 3) that a defendant knew that his accomplices intended to use, or threatened the immediate use of, a dangerous instrument (cf. People v Gomez, 87 A.D.2d 829). Mental culpability with respect to any of the aggravating factors that elevate a robbery to one in the first degree need not be established.


Summaries of

People v. Parker

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 943 (N.Y. App. Div. 1983)
Case details for

People v. Parker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY PARKER, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 4, 1983

Citations

97 A.D.2d 943 (N.Y. App. Div. 1983)

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