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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1992
188 A.D.2d 295 (N.Y. App. Div. 1992)

Opinion

December 3, 1992

Appeal from the Supreme Court, Bronx County (Ivan Warner, J.).


Viewing the evidence in the light most favorable to the People (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the evidence was legally sufficient to convict defendant of robbery in the second degree (Penal Law § 160.10). Even though the accomplice did not arrive on the scene until after the victim had handed defendant some money, the jury could conclude that defendant was aided by another person actually present who was helping defendant in the retention of the victim's money or in defendant's efforts to obtain more money from the victim (see generally, People v Hedgeman, 70 N.Y.2d 533).

Concur — Murphy, P.J., Wallach, Ross, Asch and Rubin, JJ.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1992
188 A.D.2d 295 (N.Y. App. Div. 1992)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARYL SMITH, Appellant

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

Date published: Dec 3, 1992

Citations

188 A.D.2d 295 (N.Y. App. Div. 1992)
590 N.Y.S.2d 492

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