Opinion
January 27, 1994
Appeal from the Supreme Court, Bronx County (John Collins, J.).
Viewed in a light most favorable to the People, the evidence that defendant accompanied the codefendant in following the victim, acquiesced in the codefendant's claim that he had a gun, and positioned himself behind the victim as the codefendant took the victim's money was sufficient, as a matter of law, to establish defendant's accessorial liability (see, People v Patton, 184 A.D.2d 483). There is no merit to defendant's claim that he was not given an opportunity to challenge the People's predicate felony statement, the record showing that he was given such an opportunity, but, refusing in any way to participate in the sentencing proceeding, failed to respond to the court's advice that he was thereby waiving any challenge he might have to the statement (see, People v. Zagarella, 158 A.D.2d 636; People v Miller, 184 A.D.2d 375, lv denied 80 N.Y.2d 1028). We perceive no abuse in sentencing discretion.
Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Tom, JJ.