New York Court of Appeals, 1978

People v. Jackson

New York Court of Appeals · Decided June 15, 1978 · Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke Concur

44 N.Y.2d 935; 44 N.Y. 935; 380 N.E.2d 147; 408 N.Y.S.2d 315; 1978 N.Y. LEXIS 2128

Cases that cite this one

36 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Moalawi (Appellate Division of the Supreme Court of New York 2021)
People v. Hankerson (Appellate Division of the Supreme Court of New York 2018)
People v. Williams (Appellate Division of the Supreme Court of New York 2017)
People v. Knox (Appellate Division of the Supreme Court of New York 2016)
EVANS, CARL, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
GRIFFIN, SHEARARD G., PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
People v. Evans (Appellate Division of the Supreme Court of New York 2016)
People v. Evans (Appellate Division of the Supreme Court of New York 2016)
People v. Griffin (Appellate Division of the Supreme Court of New York 2016)
People v. Griffin (Appellate Division of the Supreme Court of New York 2016)
People v. Bacote (Appellate Division of the Supreme Court of New York 2013)
People v. Bacote (Appellate Division of the Supreme Court of New York 2013)
People v. Horsey (Appellate Division of the Supreme Court of New York 2003)
People v. Rodriguez (Appellate Division of the Supreme Court of New York 2002)
People v. Ocasio (Appellate Division of the Supreme Court of New York 1999)
People v. Kim (Appellate Division of the Supreme Court of New York 1998)
People v. Bido (Appellate Division of the Supreme Court of New York 1997)
People v. Woods (Appellate Division of the Supreme Court of New York 1997)
People v. Stokes (Appellate Division of the Supreme Court of New York 1995)
People v. Murray (Appellate Division of the Supreme Court of New York 1995)
People v. Burch (Appellate Division of the Supreme Court of New York 1992)
People v. Kirby (Appellate Division of the Supreme Court of New York 1991)
People v. Russel (Appellate Division of the Supreme Court of New York 1990)
People v. Corbett (Appellate Division of the Supreme Court of New York 1990)
People v. Gemmill (Appellate Division of the Supreme Court of New York 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed.

*937 By their verdict, the jury chose to discredit the testimony of the purse-snatching codefendant. True it is, of course, that the defendant did not physically participate in the actual purse-snatching, but the crucial question is whether the evidence sustains the jury’s verdict that defendant was guilty of aiding in the robbery because of his participation as the driver of the getaway car (Penal Law, § 20.00). The codefendants were seen to enter defendant’s car and, when the car immediately drove off, the codefendants promptly crouched down low in the back seat. More significantly, when the car was stopped the victim’s wallet was found on the front seat and the purse was jammed under the front seat. Thus, there was ample evidence to sustain the guilty verdict that defendant was a knowing accomplice.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order reversed and the case remitted to the Appellate Division, Second Department, for review of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]) in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.