People v. Arias

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered June 12, 1997, convicting him of burglary in the second degree and criminal mischief in the fourth degree, and imposing sentence.

Ordered that the judgment is affirmed.

Mere presence at the scene of a crime cannot render a person liable as an accessory for the underlying criminal conduct (see, People v Cabey, 85 NY2d 417, 421; cf., Matter of Carmelo N., 228 AD2d 682; Matter of John G., 118 AD2d 646). However, the evidence elicited at trial was sufficient to establish that the defendant was acting…