The evidence was legally sufficient to establish that defendant was "aided by another person actually present" so as to support a conviction for robbery in the second degree as defined in Penal Law § 160.10(1). The police observed a codefendant point out the complainant as a suitable victim, whereupon, in response to a hand signal from defendant, this codefendant and an unapprehended accomplice took up a position approximately 10 feet away, ready to render immediate assistance to defendant if needed. Accordingly, their presence posed a sufficient threat of additional violence so as to satisfy the aggravating element necessary to raise the offense to second-degree robbery (see,People v. Hedgeman, 70 N.Y.2d 533, 535; People v. Dennis, 146 A.D.2d 708,affd 75 N.Y.2d 821).
As the People concede, defendant's conviction for the lesser included offense of robbery in the third degree should have been dismissed.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.