Opinion
November 21, 1989
Appeal from the Supreme Court, Bronx County (Peggy Bernheim, J.).
The location of the second individual was not so distant as to fall outside the ambit of People v Hedgeman ( 70 N.Y.2d 533). Indeed, there was testimony that appellant struggled with the complainant while dragging her backwards towards an opening in the fence where the second man stood, and that thereupon defendant tossed the bag in the other man's direction, who then picked it up and fled. Based upon such evidence, a reasonable inference could be drawn by the jury that the second man was "ready, willing and able" to aid the robber in the commission of the crime. Accordingly, the element of being "aided by another actually present" is satisfied. (See, People v Dennis, 146 A.D.2d 708 [2d Dept 1989].)
Concur — Ross, J.P., Asch, Rosenberger, Smith and Rubin, JJ.