People v. Montanez
| Decision Date | 07 February 2017 |
| Citation | 147 A.D.3d 444,47 N.Y.S.3d 6 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Christopher MONTANEZ, Defendant–Appellant. The People of the State of New York, Respondent, v. Andrew McCray, Defendant–Appellant. The People of the State of New York, Respondent, v. Martrell Terrell, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
147 A.D.3d 444
47 N.Y.S.3d 6
The PEOPLE of the State of New York, Respondent,
v.
Christopher MONTANEZ, Defendant–Appellant.
The People of the State of New York, Respondent,
v.
Andrew McCray, Defendant–Appellant.
The People of the State of New York, Respondent,
v.
Martrell Terrell, Defendant–Appellant.
Supreme Court, Appellate Division, First Department, New York.
Feb. 7, 2017.
Sheila Samuels, Mount Vernon, for Christopher Montanez, appellant.
Richard M. Greenberg, Office of the Appellate Defender, New York (Rosemary Herbert of counsel), and Freshfields Bruckhaus Deringer U.S. LLP, New York (Shannon M. Leitner of counsel), for Andrew McCray, appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (David Crow and Ursula Bentele of counsel), and Patterson Belknap
Webb & Tyler LLP, New York (Zachary M. Vaughan of counsel), for Martrell Terrell, appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.
TOM, J.P., RENWICK, SAXE, FEINMAN, GESMER, JJ.
Judgments, Supreme Court, New York County (Marcy L. Kahn, J.), rendered April 5, 2013, after a jury trial, convicting defendant Montanez of gang assault in the second degree and assault in the third degree, and sentencing him, as a second felony offender, to an aggregate term of eight years, convicting defendant McCray of gang assault in the second degree and assault in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 15 years, and convicting defendant Terrell of gang assault in the first degree and assault in the first degree, and sentencing him to an aggregate term of 15 years, unanimously affirmed.
Each verdict was based on legally sufficient evidence and was not against the weight of the evidence, and we find that
defendants' various arguments to the contrary are unavailing (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The evidence amply established that each defendant acted with the requisite intent and community of purpose with the other defendants as well as unapprehended assailants, regardless of which of the participants had any connection with each other before the...
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