PEOPLE v. SHARPE


70 A.D.3d 1184 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN M. SHARPE, Appellant.

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

Decided February 18, 2010.


Rose, J.

Defendant, his brother and their two companions were in a bar fight with the victim and another patron of the bar. As a result, defendant and his brother were charged with assault in the first degree for having acted in concert by beating the victim with barstools. At their joint trial, one of the companions testified for the defense. Despite conflicting accounts of who struck whom during the fight, the jury rejected defendant's claims that he had not struck...

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