This section contains the nature of the case and procedural background.

D was charged as an accomplice to the robbery of a bakery. The alleged principal, Godfrey, was tried separately. D had been seen driving, with a passenger in his car, away from the area where the robbery occurred. When D was arrested soon after the robbery, he was alone and had only $12 in his possession. He maintained that both he and his wife were steadily employed, and hence he would have no reason to commit a robbery. Despite his claim that he did not know that his passenger planned a robbery, much less one with a weapon, D was convicted of first-degree robbery because the evidence showed that he was an accomplice to a robbery committed with a gun. The trial court denied D's motion for a new trial and sentenced him to a term of fifteen years in prison with a five-year period of parole ineligibility pursuant to the Graves Act. D appealed. The Appellate Division affirmed the conviction and sentence.

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