Opinion
February 8, 1994
Appeal from the Family Court, Bronx County (Stewart Weinstein, J.).
Regardless of the strength of the evidence that appellant's companions robbed the complainant, she may not be found to be a participant in the crime absent a showing of her intent to steal (People v. La Belle, 18 N.Y.2d 405, 412). In this case, in light of the evidence that appellant intervened on behalf of the victim by encouraging the other participants to return property which they had stolen, we find that she did not have the requisite intent to steal. Because the evidence of intent is insufficient, it is not relevant that only part of the victim's property was actually returned to her.
We have examined appellant's remaining contentions, and find that they are without merit.
Concur — Murphy, P.J., Carro, Ellerin and Kupferman, JJ.