Opinion
2004-00948.
May 23, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered January 9, 2004, convicting him of robbery in the first degree (two counts) and robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and John F. McGoldrick of counsel), for respondent.
Before: Miller, J.P., Ritter, Skelos and Lifson, JJ., concur.
Ordered that the judgment is affirmed.
Evidence that the defendant engaged in a robbery with an uncharged accomplice was relevant and admissible to prove that he committed the robbery while "aided by another person actually present" ( see Penal Law § 160.10; People v. Hinton, 252 AD2d 428, 429; People v. Hurd, 160 AD2d 199, 199-200). Thus, the admission of such evidence did not deprive the defendant of a fair trial.