The court's verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Gaimari, 176 N.Y. 84, 94 [1903]). Defendant's argument that he was "merely present" as others stole merchandise is meritless. Instead, defendant's course of conduct before, during and after the theft established his accessorial liability. The evidence supports the conclusion that defendant intentionally participated in the theft by acting as a...
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