People v. Usera

Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered February 26, 1993, convicting defendant, after a jury trial, of attempted robbery in the first degree, and sentencing him to a term of 5 to 15 years, to run consecutively with a prior term of 7 to 21 years, unanimously affirmed.

There being sufficient evidence of defendant’s accessorial liability to warrant submission of that theory to the jury, the court’s charge thereon was proper, notwithstanding that the indictment charged defendant only with acting alone (see, People v Rivera, 84 NY2d 766, 771; People v Perez, 194…