PEOPLE v. LAVAYEN

2018-09723. Ind. No. 494/17.

200 A.D.3d 1069 (2021)

155 N.Y.S.3d 802

2021 NY Slip Op 07557

The People of the State of New York, Respondent, v. Jose Lavayen, Appellant.

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

Decided December 29, 2021.


Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Paris C. DeYoung of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens, NY ( Johnnette Traill , Nancy Fitzpatrick Talcott , and Mariana Zelig of counsel), for respondent.

Dillon, J.P., Christopher, Wooten and Zayas, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's convictions arise from an assault of the complainant in the early morning hours of February 19, 2017, at a fast food restaurant in Sunnyside. When the complainant, a customer at the restaurant, told a woman who was part of a group that included the defendant and his cousin to quiet down, several members of the group, including the defendant, quickly surrounded the complainant, preventing him from leaving the booth...

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