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People v. Mitchell

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1997
235 A.D.2d 321 (N.Y. App. Div. 1997)

Opinion

January 23, 1997.

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered June 29, 1994, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing her, as a second violent felony offender, to concurrent terms of 8 to 16 years and 5 to 10 years, respectively, unanimously affirmed.

Before: Williams, J. P., Tom, Mazzarelli and Andrias, JJ.


The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. Defendant's conduct before, during, and after the robbery, coupled with the surrounding circumstances, established that she was a participant in the crime and not merely present at the scene. The People were not required to prove that defendant was aware that another participant was going to display a pistol to effect the robbery, and the court's instructions on that subject were correct ( see, People v Pagan, 227 AD2d 133, 134, lv denied 88 NY2d 991).


Summaries of

People v. Mitchell

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1997
235 A.D.2d 321 (N.Y. App. Div. 1997)
Case details for

People v. Mitchell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAWANA MITCHELL…

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

Date published: Jan 23, 1997

Citations

235 A.D.2d 321 (N.Y. App. Div. 1997)
652 N.Y.S.2d 956

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