AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL TUCKER, Appellant.

Ordered that the judgment is affirmed.

The defendant, having observed a larceny while it was in progress and having assisted the perpetrator to complete that larceny, is liable as an accomplice to the larceny (see, People v. Robinson, 60 N.Y.2d 982, 984). Moreover, the jury could reasonably have inferred from the defendant's act of raising a nightstick in a threatening manner, after the principal took the property from the victim, that the defendant possessed the requisite mental culpability for the crime charged (see, People v. Barnes, 50 N.Y.2d 375, 381; People v. Bracey, 41 N.Y.2d 296, 301; Penal Law § 20.00).

The defendant's remaining contention is unpreserved for review (see, People v. Whalen, 59 N.Y.2d 273, 279-280; People v. Thomas, 50 N.Y.2d 467), and is, in any case, without merit (see, People v Barnes, supra, at 380). Lawrence, J.P., Eiber, Sullivan and Harwood, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. TUCKER
(May 11, 1987)