From Casetext: Smarter Legal Research

People v. Bartlett

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 608 (N.Y. App. Div. 1985)

Opinion

December 16, 1985

Appeal from the Supreme Court, Queens County (Agresta, J.).


Judgment affirmed.

The evidence adduced at trial was sufficient to permit a rational trier of fact to find that defendant was guilty as charged of robbery in the first degree (Penal Law § 160.15; People v Contes, 60 N.Y.2d 620, 621). Defendant, with the aid of two accomplices, robbed a shoe and clothing store in Queens. The account of the robbery given by the complaining witness, whose mother was killed by one of defendant's accomplices during the robbery, was substantially corroborated by defendant's pretrial statement.

Defendant contends that the People needed to establish that he shared his coperpetrator's intent to cause serious injury to a nonparticipant in the crime. We disagree. The People needed only to establish defendant's intent as to the underlying felony and that serious injury occurred to a nonparticipant (Penal Law § 20.00, 160.15 Penal [1]; People v Green, 56 N.Y.2d 427, 431-432).

Finally, we find no merit to defendant's assertion that his sentence was excessive. Mollen, P.J., Thompson, Niehoff and Eiber, JJ., concur.


Summaries of

People v. Bartlett

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 608 (N.Y. App. Div. 1985)
Case details for

People v. Bartlett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DON JUAN BARTLETT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 16, 1985

Citations

115 A.D.2d 608 (N.Y. App. Div. 1985)

Citing Cases

People v. Watkins

Judgment unanimously affirmed. Memorandum: From our review of the record, we conclude that the evidence was…

People v. Walker

Judgment unanimously affirmed. Memorandum: The evidence, when viewed in the light most favorable to the…