People v. Hedgeman

*535OPINION OF THE COURT

Hancock, Jr., J.

Where an accomplice to a robbery acts solely as the getaway driver and participates in neither the threat of force, its use, nor the taking of property, and is not in the immediate vicinity of the robbery or so positioned as to be capable of rendering immediate assistance to the robber, he is not "another person actually present” within the meaning of the aggravating accomplice factor of robbery, second degree (Penal Law § 160.10 [1]).

I

Defendant appeals from the affirmance of his conviction, after a jury trial, of robbery, second degree, arising from the…