People v. Thomas

The assault convictions were against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant was charged with assault in the first and second degrees (Penal Law § 120.10 [4]; § 120.05 [6]) solely on the theory that “[i]n the course of and in furtherance of the commission” of the felony of second-degree weapon possession, he caused serious physical injury or physical injury to the complainants.

The evidence at trial established that defendant fired several shots for no known reason, and apparently at random. Defendant wounded three persons on the street who…