People v. Dorta

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted after a jury trial of felony murder, the predicate felony being robbery. Although evidence at trial showed that one Deborah Andersen was present in the victim’s apartment during both the conversation concerning the possible robbery and the commission of the crime, the record is devoid of any direct proof that she aided in the preparation or execution of the crimes of which the defendant was charged. Under these circumstances, the Trial Judge properly submitted the question of whether…