People v. Carr

Judgment unanimously reversed on the law and indictment dismissed. Memorandum: The prosecution failed to present legally sufficient evidence to support defendant’s conviction as an accessory to attempted robbery. The record, viewed in the light most favorable to the prosecution (People v Contes, 60 NY2d 620 , 621), fails to demonstrate that defendant assisted codefendant Howard Peoples in the assault and attempted robbery of complainant or that he shared Peoples’ intent to attempt the robbery (see, People v Letizia, 122 AD2d 555 , lv denied 68 NY2d 814 ). Defendant’s presence as a guest in complainant’s apartment at the time of Peoples’ conduct does not constitute a sufficient basis for the imposition of accessorial liability (see, People v Perniciaro, 58 NY2d 751 ; People v Burke, 126 AD2d 938 ). (Appeal from Judgment of Supreme Court, Erie County, Marshall, J.—Attempted Robbery, 2nd Degree.) Present—Doerr, J. P., Boomer, Balio, Lawton and Davis, JJ.