People v. McGinis

Appellate Division of the Supreme Court of New York

People v. McGinis

253 A.D.2d 725, 679 N.Y.S.2d 363, 1998 N.Y. App. Div. LEXIS 9788

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 1998

StatusPublished

This text of 253 A.D.2d 725 (People v. McGinis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. McGinis, 253 A.D.2d 725, 679 N.Y.S.2d 363, 1998 N.Y. App. Div. LEXIS 9788 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered September 26, 1995, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 to 20 years, unanimously affirmed.

The circumstantial evidence at trial was sufficient, when viewed in the light most favorable to the People, to establish that defendant knowingly aided two other individuals in their immediate flight from the commission of an armed robbery (see, People v Rossey, 89 NY2d 970). A rational trier of fact could find that defendant was a knowing participant in the crime based on the timing and orchestration by defendant of his arrival at the crime scene in the livery cab, his instructions to the driver of the cab, and the totality of the words and action of defendant and the other two participants. Concur— Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered September 26, 1995, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 to 20 years, unanimously affirmed.

The circumstantial evidence at trial was sufficient, when viewed in the light most favorable to the People, to establish that defendant knowingly aided two other individuals in their immediate flight from the commission of an armed robbery (see, People v Rossey, 89 NY2d 970). A rational trier of fact could find that defendant was a knowing participant in the crime based on the timing and orchestration by defendant of his arrival at the crime scene in the livery cab, his instructions to the driver of the cab, and the totality of the words and action of defendant and the other two participants. Concur— Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.

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Bluebook (online)

253 A.D.2d 725, 679 N.Y.S.2d 363, 1998 N.Y. App. Div. LEXIS 9788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcginis-nyappdiv-1998.

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