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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY PARKER, Appellant.

Judgment unanimously affirmed. Memorandum: The People do not have to prove as an element of robbery in the first degree (Penal Law, § 160.15, subd 3) that a defendant knew that his accomplices intended to use, or threatened the immediate use of, a dangerous instrument (cf. People v Gomez, 87 A.D.2d 829). Mental culpability with respect to any of the aggravating factors that elevate a robbery to one in the first degree need not be established.

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PEOPLE v. PARKER
(Nov 4, 1983)