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PEOPLE v. CABRERA

2709, 5929/05

73 A.D.3d 437 (2010)

899 N.Y.S.2d 598

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL CABRERA, Appellant.

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

Decided May 4, 2010.

We need not determine whether the court properly charged the jury on accessorial liability (Penal Law § 20.00). Even assuming the court erred, where there are two grounds on which the jury could have reached its verdict, and one but not the other of those grounds lacks support in the evidence, it is presumed that the jury reached its determination upon the factually sufficient ground (see People v Giordano, 87 N.Y.2d 441

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