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PEOPLE v. PEÑA

93 N.Y.2d 946 (1999)

716 N.E.2d 172

694 N.Y.S.2d 337

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO PEÑA, Appellant.

Court of Appeals of the State of New York.

Decided June 8, 1999.

Attorney(s) appearing for the Case

Rosemary Herbert, New York City, and Richard M. Greenberg for appellant.

Robert M. Morgenthau, District Attorney for New York County, New York City (Donna Krone and Mark Dwyer of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

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...

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