People v. Mitchell

Appellate Division of the Supreme Court of New York

People v. Mitchell

235 A.D.2d 321, 652 N.Y.S.2d 956, 1997 N.Y. App. Div. LEXIS 481

Appellate Division of the Supreme Court of the State of New York·Decided January 23, 1997·Published·Cited by 6 cases

Opinion

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered June 29, 1994, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing [322] her, as a second violent felony offender, to concurrent terms of 8 to 16 years and 5 to 10 years, respectively, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. Defendant’s conduct before, during, and after the robbery, coupled with the surrounding circumstances, established that she was a participant in the crime and not merely present at the scene. The People were not required to prove that defendant was aware that another participant was going to display a pistol to effect the robbery, and the court’s instructions on that subject were correct (see, People v Pagan, 227 AD2d 133, 134, lv denied 88 NY2d 991). Concur—Williams, J. P., Tom, Mazzarelli and Andrias, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered June 29, 1994, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing [322] her, as a second violent felony offender, to concurrent terms of 8 to 16 years and 5 to 10 years, respectively, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. Defendant’s conduct before, during, and after the robbery, coupled with the surrounding circumstances, established that she was a participant in the crime and not merely present at the scene. The People were not required to prove that defendant was aware that another participant was going to display a pistol to effect the robbery, and the court’s instructions on that subject were correct (see, People v Pagan, 227 AD2d 133, 134, lv denied 88 NY2d 991). Concur—Williams, J. P., Tom, Mazzarelli and Andrias, JJ.

People v. Mitchell, 235 A.D.2d 321, 652 N.Y.S.2d 956, 1997 N.Y. App. Div. LEXIS 481 (N.Y. Ct. App. 1997).

Pincite

235 A.D.2d 321 (People v. Mitchell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related