New York Court of Appeals

The People of the State of New York v. Stanley Hedgeman

November 24, 198770 N.Y.2d 533

Summary

The Court held that a getaway driver who is not in the immediate vicinity of a robbery is not "another person actually present" for purposes of the aggravating accomplice factor of robbery in the second degree, and therefore reduced the defendant's conviction to robbery in the third degree and remanded for resentencing. Justice Bellacosa dissented, arguing that the driver should be considered actually present.