In People v. Newkirk , Paul Newkirk was convicted of robbery in the second degree after his partner stole computer monitors from a wholesale store.
Newkirk and an accomplice entered the store, picked up the boxes, approached the exit, and was confronted by a "loss prevention employee" seated in a wheelchair. When the employee attempted to snatch the computer monitor box from him, the wheelchair spun, the employee rose up and pursued the accomplice.
Before driving away, the accomplice punched the employee in the face.
Upon witnessing that entire exchange, Newkirk remained in the store, dropped the boxes, decided to forego his participation in the robbery, and opted to offer assistance to the injured employee before leaving the scene.
After the Ontario County Supreme Court convicted Newkirk of robbery in the second degree, he appealed to the Appellate Division, Fourth Department, which concluded that the jury "failed to give the evidence the weight it should [have been] accorded."
According to the AD4, the evidence suggested Newkirk didn't "forcibly" steal the equipment nor did he "solicit, request, command, importune, or intentionally aid" the crime's commission. While he may have had the intent to commit the crime, since the jury failed to give sufficient weight to the issue of whether he actually had "the mental culpability" required to commit robbery in the second degree -- a forcible theft -- the AD4 reversed and sent the matter back for a do-over.
We'll keep an eye on the case for you.
To download a copy of the Appellate Division's decision, please use this link: People v. Newkirk