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PEOPLE v. McBRIDE

203 A.D.2d 86 (1994)

610 N.Y.S.2d 481

The People of the State of New York, Respondent, v. Calvin McBride, Appellant

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

April 12, 1994

Viewed most favorably to the People, we find the evidence legally sufficient to establish that defendant struck the victim for the purpose of forcibly taking money (Penal Law § 160.10 [2] [a]; Matter of Juan J., 81 N.Y.2d 739). We also find that defendant's acquittal of robbery under the theory of "aided by another person actually present" (Penal Law § 160.10 [1]), although illogical, was irrelevant to the sufficiency of...

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