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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 193 (N.Y. App. Div. 1995)

Opinion

November 9, 1995

Appeal from the Supreme Court, Bronx County (George Covington, J.).


The verdict was based on legally sufficient evidence. There is no legal requirement that defendant personally possess and use a weapon in the course of a robbery. The evidence established that defendant intentionally aided (Penal Law § 20.00) members of his group who seized one victim's operable gun and used it against both victims in stealing property (Penal Law § 160.15).

Defendant's claim of repugnant verdicts is without merit ( People v Tucker, 55 N.Y.2d 1).

Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Nov 9, 1995
221 A.D.2d 193 (N.Y. App. Div. 1995)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL RIVERA…

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

Date published: Nov 9, 1995

Citations

221 A.D.2d 193 (N.Y. App. Div. 1995)
633 N.Y.S.2d 166