PEOPLE v. GREEN


137 A.D.2d 713 (1988)

The People of the State of New York, Respondent, v. Kimball Green, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 16, 1988


Ordered that the judgment is affirmed.

The trial court did not err in failing to explicitly charge that the defendant's mere presence at the scene of the crime was insufficient evidence of guilt. The court's charge included a correct application of the Penal Law provision concerning accessorial liability (Penal Law § 20.00), as well as clear instructions on intent as an essential element of each crime and on circumstantial evidence, including the necessity to...

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