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.