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PEOPLE v. SANCHEZ

No. 166

13 N.Y.3d 554 (2009)

2009 NY Slip Op 8855

921 N.E.2d 570

893 N.Y.S.2d 803

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

Court of Appeals of New York.

Decided December 1, 2009.

Attorney(s) appearing for the Case

Dershowitz, Eiger & Adelson, P.C., New York City (Nathan Z. Dershowitz, Amy Adelson and Daniela Elliott of counsel), for appellant in the first above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (Gina Mignola and Amyjane Rettew of counsel), for respondent in the first above-entitled action.

Office of the Appellate Defender, New York City (Alexis Agathocleous and Richard M. Greenberg of counsel), for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (Mark Dwyer of counsel), for respondent in the second above-entitled action.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge SMITH concurs in a separate concurring opinion; Judge JONES dissents and votes to reverse in another opinion in which Chief Judge LIPPMAN and Judge CIPARICK concur.

OPINION OF THE COURT

PIGOTT, J.

These appeals involve New York's "gang assault" statutes, which apply when a person, who intends to cause "physical injury" to another, causes that person or a third person "serious physical injury" and is "aided by two or more other persons actually present" (Penal Law §§ 120.06, 120.07). At issue in these cases is whether the two or more persons who provide aid must also share the criminal intent of the defendant...

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