State v. Alvarez

Defendant appeals from a judgment of conviction stemming from an apparently gang-related assault in which he used a metal baseball bat to beat a 16-year-old victim, and an accomplice used a metal rod. A jury returned guilty verdicts on counts of assault in the first degree, assault in the second degree, and three counts of unlawful use of a weapon. Two charges — first-degree assault and one count óf unlawful use of a weapon — alleged that defendant himself beat the victim with the bat. Two other charges — second-degree assault and another count of unlawful use of a weapon — alleged that…