People v. Jackson
Decision Date | 15 June 1978 |
Citation | 44 N.Y.2d 935,380 N.E.2d 147,408 N.Y.S.2d 315 |
Parties | , 380 N.E.2d 147 The PEOPLE of the State of New York, Appellant, v. Robert JACKSON, Respondent. |
Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be reversed.
By their verdict, the jury chose to discredit the testimony of the purse-snatching codefendant. True it is, of course, that the defendant did not physically participate in the actual purse-snatching, but the crucial question is whether the evidence sustains the jury's verdict that defendant was guilty of aiding in the robbery because of his participation as the driver of the getaway car (Penal Law, § 20.00). The codefendants were seen to enter defendant's car and, when the car immediately drove off, the codefendants promptly crouched down low in the back seat. More significantly, when the car was stopped the victim's wallet was found on the front seat and the purse was jammed under the front seat. Thus, there was ample evidence to sustain the guilty verdict that defendant was a knowing accomplice.
Order reversed and the case remitted to the Appellate Division, Second Department, for review of the facts (CPL 470.25, subd. 2, par. (d); 470.40, subd. 2, par. (b)) in a memorandum.
To continue reading
Request your trial-
People v. Williams
...notwithstanding defendant's assertion that he knew nothing of the plan to steal from Graziano (see People v. Jackson, 44 N.Y.2d 935, 937, 408 N.Y.S.2d 315, 380 N.E.2d 147 [1978] ; People v. Keitt, 42 N.Y.2d 926, 927, 397 N.Y.S.2d 997, 366 N.E.2d 1350 [1977] ; People v. Spencer, 152 A.D.3d a......
-
People v. Evans
...he was a knowing accomplice to the robbery rather than a mere bystander or an accessory after the fact (see People v. Jackson, 44 N.Y.2d 935, 937, 408 N.Y.S.2d 315, 380 N.E.2d 147 ; People v. Keitt, 42 N.Y.2d 926, 927, 397 N.Y.S.2d 997, 366 N.E.2d 1350 ; People v. DeNormand, 1 A.D.3d 1047, ......
-
People v. Hankerson
...satisfied that the jury's finding of accessorial liability was not against the weight of the evidence (see People v. Jackson, 44 N.Y.2d 935, 937, 408 N.Y.S.2d 315, 380 N.E.2d 147 ; People v. Keitt, 42 N.Y.2d 926, 927, 397 N.Y.S.2d 997, 366 N.E.2d 1350 ; People v. Williams, 156 A.D.3d 1224, ......
-
People v. Knox
...crimes-despite the fact that defendant's participation was limited to being the getaway driver (see People v. Jackson, 44 N.Y.2d 935, 937, 408 N.Y.S.2d 315, 380 N.E.2d 147 [1978] ; People v. Keitt, 42 N.Y.2d 926, 927, 397 N.Y.S.2d 997, 366 N.E.2d 1350 [1977] ; People v. Rupert, 118 A.D.3d a......