People v. Stewart
Decision Date | 21 October 1999 |
Citation | 697 N.Y.S.2d 13,265 A.D.2d 232 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ERROL STEWART, Appellant. |
Court | New York Supreme Court — Appellate Division |
Concur — Sullivan, J. P., Nardelli, Tom, Mazzarelli and Friedman, JJ.
The record amply demonstrates that defendant acted with two other individuals to rob the three victims. Defendant stood in close proximity and paced the street, looking in various directions, while the victims were deprived of their property, and then drove the car away after the stolen property was placed in it. This permitted the jury to reasonably infer accessorial conduct. Accordingly, the verdict was based on legally sufficient evidence and was not against the weight of the evidence.
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...evidence, including defendant's possession of an incriminating set of keys, clearly established his accessorial liability (see, People v Stewart, 265 A.D.2d 232, lv denied 94 N.Y.2d 829). The evidence also warranted a reasonable inference that defendant and his companions stole an additiona......