People v. Rodriguez

Judgment, Supreme Court, Bronx County (Margaret Clancy, J.), rendered April 30, 2002, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 25 years to life, unanimously reversed, on the law, and the matter remanded for a new trial.

The prosecution produced legally sufficient evidence establishing that defendant committed a violent assault against the victim by shooting him multiple times, allegedly due to the victim’s desire to leave the gang of which both defendant and the victim were members.…