People v. Clendinen
Opinion of the Court
Judgment, Supreme Court, Bronx County (Antonio Brandveen, J.), rendered November 15, 1989, convicting defendant after a jury trial of robbery in the second degree and sentencing him as a second violent felony offender to an indeterminate term of 6 to 12 years, unanimously affirmed.
Defendant was convicted of robbery committed on a subway
Viewing the evidence in a light most favorable to the People and indulging all reasonable inferences in the People’s favor (People v Alexander, 75 NY2d 979, 980), defendant’s guilt was proved beyond a reasonable doubt by overwhelming evidence. The evidence was legally sufficient to establish that defendant forcibly stole property, aided by another person actually present (Penal Law § 160.10 [1]) who was ready, willing and able to participate in the robbery (People v Hedgeman, 70 NY2d 533, 541), by aiding in the retention of the property (People v Velez, 155 AD2d 365, lv denied 75 NY2d 819). Concur—Sullivan, J. P., Carro, Rosenberger, Ross and Smith, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.