PEOPLE v. VALENTIN (2006)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Jose VALENTIN, appellant.

Decided: May 23, 2006

HOWARD MILLER, J.P., DAVID S. RITTER, PETER B. SKELOS, and ROBERT A. LIFSON, JJ.

Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and John F. McGoldrick of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered January 9, 2004, convicting him of robbery in the first degree (two counts) and robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Evidence that the defendant engaged in a robbery with an uncharged accomplice was relevant and admissible to prove that he committed the robbery while “aided by another person actually present” (see Penal Law § 160.10[1]; People v. Hinton, 252 A.D.2d 428, 429, 676 N.Y.S.2d 96; People v. Hurd, 160 A.D.2d 199, 199-200, 553 N.Y.S.2d 669). Thus, the admission of such evidence did not deprive the defendant of a fair trial.

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