PEOPLE v. MYNIN


58 A.D.3d 581 (2009)

872 N.Y.S.2d 50

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY MYNIN, Appellant.

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

January 29, 2009.


The crime of second-degree gang assault (Penal Law § 120.06) requires, among other things, that a defendant be "aided by two or more other persons actually present." Defendant was jointly tried with three codefendants, each of whom was acquitted of all charges.

The court correctly instructed the jury that in order to convict a defendant of gang assault it was not obligated to convict any other defendants of that crime...

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