People v. Mynin

Judgment, Supreme Court, New York County (Michael J. Obús, J), rendered February 20, 2007, convicting defendant, after a jury trial, of gang assault in the second degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.

The crime of second-degree gang assault (Fenal Law § 120.06) requires, among other things, that a defendant be “aided by *582two or more other persons actually present.” Defendant was jointly tried with three codefendants, each of whom was acquitted of all charges.

The court correctly instructed the jury that in order to convict a…