People v. Fatal

OPINION OF THE COURT

Carolyn E. Demarest, J.

Defendants Darryl Williams and Sean Fatal move to dismiss count 5 of the indictment, charging them both with gang assault in the first degree (Penal Law § 120.07), on the ground that the statute is unconstitutional, facially and as applied. Defendants contend that: (1) the wording and title of the statute allow the prosecution to denominate an individual charged under its provisions with being a gang member without proof or without a hearing to measure the probative value of such evidence against its potential for undue prejudice in violation of the…