People v. Rosario

• Decision Date: 09 April 2002
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>CARLOS ROSARIO, Appellant.
• Court: New York Supreme Court — Appellate Division

293 A.D.2d 298

739 N.Y.S.2d 817

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.CARLOS ROSARIO, Appellant.

Decided April 9, 2002.

Concur — Williams, P.J., Saxe, Buckley, Ellerin and Rubin, JJ.

The verdict convicting defendant of gang assault in the second degree (Penal Law § 120.06) was based on legally sufficient evidence and was not against the weight of the evidence. The People's evidence established that defendant was part of a group of inmates that jointly confronted, attacked and caused serious physical injury to the victim. The evidence clearly warranted the inference of joint activity as opposed to separate, simultaneous assaults by different persons (see, People v Allah, 71 NY2d 830, 832; People v Edmonds, 267 AD2d 19, lv denied 94 NY2d 862). We have considered and rejected defendant's remaining arguments.