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People v. Velez

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1989
155 A.D.2d 365 (N.Y. App. Div. 1989)

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.


Summaries of

People v. Velez

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1989
155 A.D.2d 365 (N.Y. App. Div. 1989)
Case details for

People v. Velez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON VELEZ, Appellant

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

Date published: Nov 21, 1989

Citations

155 A.D.2d 365 (N.Y. App. Div. 1989)
547 N.Y.S.2d 333

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