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PEOPLE v. MODESTO

262 A.D.2d 586 (1999)

693 N.Y.S.2d 61

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODRIGO MODESTO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 21, 1999.

Ordered that the judgment and the resentence are affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant was one of numerous gang members who perpetrated a vicious fatal assault upon an individual believed to be a member of a rival gang. Although the appellant was not...

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