People v. Dennis
Opinion of the Court
— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Demakos, J.), rendered April 8, 1987, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contentions, we find that the evidence was legally sufficient to establish that the driver of the getaway car was "another person actually present” so as to support a conviction for robbery in the second degree as defined in Penal Law § 160.10 (1). The record reveals that the complaining witness was robbed of her purse, on the street, in full view of the driver, who was in a position to render immediate assistance to the defendant (cf., People v Hedgeman, 70 NY2d 533). Accordingly, the driver’s presence posed a sufficient threat of additional violence so as to satisfy the aggravating element necessary to raise the offense to second degree robbery.
Finally, the defendant’s challenges to various comments made by the prosecutor during summation are either unpreserved for appellate review or without merit. Mangano, J. P., Thompson, Kunzeman and Eiber, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.