People v. Parker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed.. Memorandum: The People do not have to prove as an element of robbery in the first degree (Penal Law, § 160.15, subd 3) that a defendant knew that his accomplices intended to use, or threatened the immediate use of, a dangerous instrument (cf. People v Gomez, 87 AD2d 829). Mental culpability with respect to any of the aggravating factors that elevate a robbery to one in the first degree need not be established. (Appeal from judgment of Supreme Court, Monroe County, Boomer, J. — robbery, first degree, and other offenses.) Present — Dillon, P. J., Doerr, Denman,…
2Cases cited1 opinion
- People v. GomezAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by5 opinions
- People v. PaganAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MalaveAppellate Division of the Supreme Court of the State of New York · 1985
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1990
- People v. CurreyAppellate Division of the Supreme Court of the State of New York · 1985
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1990