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People v. Rolando

235 A.D.2d 244 Court N.Y. App. Div. Decision date 1997-01-14 English

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p. 244
The People of the State of New York, Respondent, v David Rolando, Appellant.
[652 NYS2d 512]

Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered December 22, 1994, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

Since, in this case, defendant’s accessorial guilt is not

p. 245
premised solely on circumstantial evidence (People v Roldan, 88 NY2d 826 , 827), the court properly declined to give the jury a circumstantial evidence charge (see also, People v Von Werne, 41 NY2d 584 , 590). Concur—Murphy, P. J., Rosenberger, Ellerin and Nardelli, JJ.

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