New York Court of Appeals

The People of the State of New York, Respondent v. Jose Rivera, Appellant

February 9, 199584 N.Y.2d 766

Summary

The Court affirmed the Appellate Division, holding that the trial court properly permitted evidence of acting‑in‑concert and instructed the jury that the defendant could be convicted as either a principal or an accessory, and that this did not violate the indictment’s notice requirements. The decision relied on longstanding New York authority that there is no legal distinction between principal and accessory liability for charging purposes.