People v. Santos

Judgment, Supreme Court, New York County (Daniel FitzGer*412ald, J.), rendered April 4, 2000, convicting defendant, after a jury trial, of manslaughter in the first degree and gang assault in the first degree, and sentencing him to concurrent terms of 15 years, unanimously affirmed.

The verdict convicting defendant of gang assault was based on legally sufficient evidence. The evidence established that defendant was aided by two persons actually present, as required by Penal Law § 120.07, and not just one person as he asserts. The statute contains no requirement that a defendant request the aid of…