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The PEOPLE of the State of New York, Respondent, v. Francisco CAMACHO, Defendant-Appellant.
Judgment, Supreme Court, Bronx County (Patricia Anne Williams, J.), rendered April 23, 2002, convicting defendant, after a jury trial, of attempted assault in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him to concurrent terms of 9 years, 7 years and 1 year, respectively, unanimously affirmed.
The verdict was based on legally sufficient evidence (People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). Defendant's actions, which included procuring the victim's presence at a place where he could be attacked, assisting the principal actor in wrestling the victim to the ground, acting as a lookout as the principal actor administered numerous lacerations to the victim's head and face with a sharp metal object, and repeatedly kicking the victim in the head and upper torso, established his accessorial liability (see People v. Allah, 71 N.Y.2d 830, 527 N.Y.S.2d 731, 522 N.E.2d 1029 [1988]; People v. Peralta, 1 A.D.3d 115, 767 N.Y.S.2d 70 [2003], lv. denied 1 N.Y.3d 600, 776 N.Y.S.2d 231, 808 N.E.2d 367 [2004]; compare People v. Akptotanor, 158 A.D.2d 694, 551 N.Y.S.2d 960 [1990], affd. 76 N.Y.2d 1000, 564 N.Y.S.2d 714, 565 N.E.2d 1265 [1990] ). The inference that defendant took part in a plan to trap and seriously injure the victim was compelling.
We perceive no basis for reducing the sentence.
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Decided: October 20, 2005
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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