PEOPLE v. ROSARIO

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 N.Y.2d 830, 832; People v. Edmonds, 267 A.D.2d 19, lv denied 94 N.Y.2d 862). We have considered and rejected defendant's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.