NY · jury_instructions
CJI2d[NY] Penal Law §160.10(1)
ROBBERY IN THE SECOND DEGREE (Aided by Another)
[NOTE: Before instructing a jury on any specific robbery charge, read once the introductory Robbery charge found at the beginning of this chapter.]
The (specify) count is Robbery in the Second Degree.
Under our law, a person is guilty of Robbery in the Second Degree when that person forcibly steals property and when that person is aided by another person actually present.
A person is “actually present” when such person is in a position to render immediate assistance to a person participating in the robbery and is ready, willing, and able to do so.¹
In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case beyond a reasonable doubt, both of the following two elements; ²
1. That on or about (date), in the County of (County), the defendant, (defendant's name), forcibly stole property from (specify) ; and
2. That the defendant was aided in doing so by another person actually present.
If you find that the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.
If you find that the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.
History
Caption: ROBBERY IN THE SECOND DEGREE (Aided by Another) Penal Law §160.10(1) (Committed on or after Sept. 1, 1967). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
6b27302bb4afcde0f72ec0eaf19c6cce85d63d2bd36a1daba5a73f429da0f165
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