PEOPLE v. RIVERA


309 A.D.2d 881 (2003)

766 N.Y.S.2d 59

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO RIVERA, Appellant.

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

Decided October 20, 2003.


Ordered that the judgment is reversed, on the law, the indictment is dismissed insofar as it is asserted against the defendant, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

In order to hold an alleged accessory liable for a crime committed by the principal actor, the People must establish, beyond a reasonable doubt, that "the alleged accessory possessed the mental culpability...

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