Opinion
March 5, 1998
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
The court's jury charge on accessorial liability was appropriate Although it is preferred, the court was not required to instruct the jury specifically, as requested, that defendant's mere presence at the scene was insufficient to convict her under an acting in concert theory, since the charge as a whole conveyed the proper standards ( see, People v. Hatcher, 162 A.D.2d 148, lv denied 76 N.Y.2d 858).
Concur — Rosenberger, J. P., Ellerin, Wallach and Rubin, JJ.