People v. Rosario

—Judgment, Supreme Court, Bronx County (Phyllis Skloot Bamberger, J.), rendered November 12, 1999, convicting defendant, after a jury trial, of gang assault in the second degree, assault in the second degree, attempted assault in the second degree and promoting prison contraband in the first degree, and sentencing him, as a second violent felony offender, to an aggregate term of six years, unanimously affirmed.

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…