People v. Chavez

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Zayas, J.), rendered March 19, 2012, convicting him of gang assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with CPL 160.50.

During a fight that occurred on a Queens street on September 21, 2009, the complainant was slashed twice in the face, while the defendant, his codefendant, and an uncharged person were…