People v. Rossey

Friedmann, J.,

dissents and votes to affirm the judgment appealed from, with the following memorandum: The issue on this appeal is whether the evidence adduced at trial was sufficient to support an inference that the defendant, Jose Rossey, who was not the actual shooter, shared the intent of his codefendant, Michael Ocasio, to kill the victim, Joe Guerra. I find that the People established beyond a reasonable doubt that the defendant shared a community of purpose with Ocasio, so that his conviction of murder under an acting in concert theory should be sustained. Accordingly, I respectfully…