Legal Opinion

People v. McTier

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 2006Published

1Opinion of the Court

Apppeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered May 14, 2002, convicting him of gang assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of gang assault in the first degree (see Penal Law § 120.07; Penal Law § 20.00). Contrary to the defendant’s contentions, the testimony provided by two separate…

2Cases cited3 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2004
  3. People v. MercerAppellate Division of the Supreme Court of the State of New York · 2005

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