People v. Hoesen

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered October 1, 1999 in Albany County, upon a verdict convicting defendant of the crime of assault in the second degree.

After a jury trial, defendant was convicted of the crime of as*377sault in the second degree for his role as an accomplice in the beating of a victim by a codefendant. The trial testimony established that defendant instigated the beating by instructing the codefendant to strike the victim when the victim could not pay for illegal drugs provided by defendant, and by participating in the beating. Upon his conviction,…