What is the test to convict a defendant as an aider and abettor?

MultiRegion, United States of America

The following excerpt is from U.S. v. Tejada, 956 F.2d 1256 (2nd Cir. 1992):

To convict a defendant as an aider and abettor, the government need show only " 'that [a defendant] in some sort associate[d] himself with the venture, that he participate[d] in it as in something that he wish[ed] to bring about, that he [sought] by his action to make it succeed.' " United States v. Perry, 643 F.2d 38, 46 (2d Cir.) (citation omitted), cert. denied, 454 U.S. 835, 102 S.Ct. 138, 70 L.Ed.2d 115 (1981). We properly may uphold a conviction even if a defendant did not participate " 'in every phase of the criminal venture,' " United States v. Ciambrone, 787 F.2d 799, 809 (2d Cir.) (citations omitted), cert. denied, 479 U.S. 1017, 107 S.Ct. 668, 93 L.Ed.2d 720 (1986), or have a "stake in the outcome of the illegal venture." United States v. Tyler, 758 F.2d 66, 70 (2d Cir.1985).

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