People v. Duffy

Appeal from a judgment of the County Court of Delaware County (Becker, J.), entered November 22, 2004, upon a verdict convicting defendant of the crimes of gang assault in the second degree and criminally negligent homicide.

Defendant was indicted for manslaughter in the first degree, manslaughter in the second degree and gang assault in the first degree based upon his participation in a group beating that ultimately resulted in the victim’s death. Following trial, defendant was convicted of gang assault in the second degree and criminally negligent homicide and was sentenced to concurrent…