People v. Rivera

221 A.D.2d 193, 633 N.Y.S.2d 166, 1995 N.Y. App. Div. LEXIS 11563

Opinion

—Judgment, Supreme Court, Bronx County (George Covington, J.), rendered December 22, 1992, convicting defendant, after a jury trial, of two counts of robbery in the first degree and sentencing him to concurrent terms of 8⅓ to 25 years, unanimously affirmed.

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 [2]).

Defendant’s claim of repugnant verdicts is without merit {People v Tucker, 55 NY2d 1). Concur—Rosenberger, J. P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.