PEOPLE v. ORTIZ


8 A.D.3d 55 (2004)

777 N.Y.S.2d 640

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABEL ORTIZ, Appellant.

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

June 8, 2004.


The verdict was based on legally sufficient evidence. Contrary to defendant's argument, the People were not required to prove that he was still present at, or participating in, the riot at the moment of the victims' injuries (see Penal Law §§ 240.06, 120.05 [6]). The riot statute permits a riot participant to be held criminally liable for the acts of other participants, in the course of the same continuing riot, even after his or her own participation may...

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