Court Upholds Dismissal of Top Count
Ms. Lazaro was convicted of several counts of assault based on an incident in which she and a codefendant allegedly attacked two sisters and cut their faces with blades. The jury acquitted Ms. Lazaro of attempted first-degree and second-degree assault for the sister she attacked herself. However, the jury convicted her of attempted first-degree and second-degree assault for the attack of her co-defendant on the other sister, based on a theory that Ms. Lazaro acted in concert with her co-defendant.
The trial court set aside the attempted first-degree assault count, concluding that, because the jury rejected the People’s theory that there was a concerted attempt to disfigure the sisters, the evidence was insufficient to prove that Ms. Lazaro shared the codefendant’s intent to disfigure the second complainant.
The Appellate Division agreed with the trial court that the evidence was legally insufficient to sustain this conviction.
Jenin Younes briefed and argued the case.