In a decision highlighting serious flaws in New York’s gang assault statute, a judge in Sullivan County has dismissed some felony charges lodged against three men implicated in an attack that left a victim brain-damaged.
The threshold problem identified in Sullivan County Judge Frank J. LaBuda’s decision this week is that the gang assault statute signed into law by Governor Pataki in 1996 requires the participation of at least three persons. Two assailants do not make a gang, even if their conduct is indisputably gang-related, LaBuda found.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
