Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing, in accordance with the following memorandum:
We agree with defendant that, under the circumstances of this case, the People's proof was insufficient to establish that defendant was "aided by another person actually present" (Penal Law § 160.10 [1]) during the commission of the crimes of forcible stealing of property and attempted forcible stealing...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
