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DEFENDANT PLANNED WITH TWO OTHERS TO ROB THE VICTIM; THE FACTS THAT THE DEFENDANT WAS MERELY PRESENT DURING THE ROBBERY AND DID NOT RECEIVE ANY OF THE STOLEN CASH DID NOT NEGATE THE FACT THAT DEFENDANT SHARED THE ACCOMPLICES’ INTENT; THE INDICTMENT SHOULD NOT HAVE BEEN DISMISSED (SECOND DEPT). ​

The Second Department, reversing County Court’s dismissal of the robbery indictment, determined the evidence was sufficient to support defendant’s liability as an accomplice. Defendant planned to rob the victim with two others. Defendant knew the victim and set up a meeting with him. As planned, defendant’s accomplices robbed the victim at gunpoint during the meeting with defendant. Defendant later picked up the two accomplices, who were still wearing masks. Defendant convinced the victim to not report the robbery. $3000 was stolen, but defendant received none of it:

Viewing the evidence in the light most favorable to the People, the evidence was legally sufficient to establish the defendant’s commission of the charged crimes as an accomplice. The defendant’s conduct before, during, and after the commission of the robbery established his shared intent to commit the crime of robbery … . People v Symns, 2026 NY Slip Op 03325, Second Dept 5-27-26

Practice Point: Mere presence during a robbery is not enough for accomplice liability. But here, although he did not participate in the theft of the victim’s cash at gunpoint and did not receive any of the cash, defendant participated in the planning of the robbery, transported his accomplices to and from the robbery scene, and arranged the meeting with the victim at the robbery scene. His actions before and after the robbery demonstrated he shared the intent of the persons who executed the robbery and therefore defendant was properly indicted as an accomplice.

 

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