The following excerpt is from U.S. v. Grubczak, 793 F.2d 458 (2nd Cir. 1986):
Finally, there was at least some evidence to support the conclusion that defendant actually was aware of the presence of weapons during the robbery. When the armored car was recovered some hours after defendant had left the scene, a revolver was found on the floor of the passenger side. The testimony and evidence at trial clearly established that defendant had spent over an hour battering his way into the truck. Indeed, most of his efforts were concentrated in the area of the passenger-door window, and that is the point through which access to the armored car, and, ultimately, to the money, was gained. Surely, the jury would have been justified in finding that defendant could not have failed to observe the presence of the gun. Since the robbery itself was continuing through this escape phase, United States v. Martin, 749 F.2d 1514, 1518 (11th Cir.1985); United States v. Willis, 559 F.2d 443, 444 (5th Cir.1977), defendant's knowledge of a weapon at this point was sufficient to support a conviction for aiding and abetting an armed robbery.
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