PEOPLE v. TUCKER

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.