People v. Pena

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was found guilty, after a jury trial, of attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1]) and assault in the second degree (Penal Law § 120.05) arising out of an episode in which he and several codefendants attacked two homeless men, setting fire to one of them, and striking the other with a bottle.

Prior to a suppression hearing in which defendant and the codefendants participated, one of the accomplices pleaded guilty. Acting out of concern for this accomplice’s safety, the…