IN THE MATTER OF CISELY G.

4272.

81 A.D.3d 508 (2011)

918 N.Y.S.2d 23

In the Matter of CISELY G., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided February 17, 2011.


The count of the petition charging appellant with committing acts constituting second-degree gang assault alleges that "with intent to cause physical injury to another person and when aided by two or more other persons actually present [she] caused/attempted to cause physical injury to such person or to a third person." However, these are not the elements of gang assault in the second degree, where the required result is serious physical injury. Therefore, this count...

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