PEOPLE v. SMITH

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the evidence was legally sufficient to convict defendant of robbery in the second degree (Penal Law § 160.10). Even though the accomplice did not arrive on the scene until after the victim had handed defendant some money, the jury could conclude that defendant was aided by another person actually present who was helping defendant in the retention of the victim's money or in defendant's efforts to obtain more money from the victim (see generally, People v Hedgeman, 70 N.Y.2d 533).

Concur — Murphy, P.J., Wallach, Ross, Asch and Rubin, JJ.