The following excerpt is from United States v. Nyenekor, 15- 1271 (L), 16- 394 (Con) (2nd Cir. 2019):
"The well established rule in this and other circuits is that a defendant may be indicted for the commission of a substantive crime and convicted of aiding and abetting its commission although not named in the indictment as an aider and abettor." United States v. Smith, 727 F.2d 214, 217 (2d Cir. 1984) (internal quotation marks omitted). "An aiding and abetting jury instruction is appropriate where the prosecution makes it known that it intends to proceed on a theory of aiding and abetting and the evidence so warrants." Id.
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