People v. Malave
Opinion of the Court
We also reject defendant’s argument that his guilt was not proven beyond a reasonable doubt, because of the People’s failure to demonstrate that he acted with the requisite mental culpability to commit robbery. The claim that he merely sought to separate codefendant from complainant, as they tussled over complainant’s wallet, is belied by the record. In crediting the evidence most favorable to the People (People v Contes, supra), we find that defendant aided codefendant by holding complainant while codefendant struck complainant in the mouth and removed the wallet. Furthermore, defendant pushed complainant to the ground as he and codefendant fled to his vehicle. Concur—Kupferman, J. P., Ross, Kassal, Smith and Rubin, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.