Appellate Division of the Supreme Court of New York, 1995

People v. Rivera

People v. Rivera
Appellate Division of the Supreme Court of New York · Decided November 9, 1995
221 A.D.2d 193; 633 N.Y.S.2d 166; 1995 N.Y. App. Div. LEXIS 11563
People v. Rivera

Opinion of the Court

—Judgment, Su*194preme Court, Bronx County (George Covington, J.), rendered December 22, 1992, convicting defendant, after a jury trial, of two counts of robbery in the first degree and sentencing him to concurrent terms of 8⅓ to 25 years, unanimously affirmed.

The verdict was based on legally sufficient evidence. There is no legal requirement that defendant personally possess and use a weapon in the course of a robbery. The evidence established that defendant intentionally aided (Penal Law § 20.00) members of his group who seized one victim’s operable gun and used it against both victims in stealing property (Penal Law § 160.15 [2]).

Defendant’s claim of repugnant verdicts is without merit {People v Tucker, 55 NY2d 1). Concur—Rosenberger, J. P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.

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