N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Assault and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 120.06 (2026)

Gang assault in the second degree

✓ current as of May 2026
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§ 120.06 Gang assault in the second degree.
  A person is guilty of gang assault in the second degree when, with
intent to cause physical injury to another person and when aided by two
or more other persons actually present, he causes serious physical
injury to such person or to a third person.
  Gang assault in the second degree is a class C felony.
Notes of Decisions
Cited in 50 cases (5 in the last 5 years), 1998–2026 · leading case: People v. Sanchez, 921 N.E.2d 570 (NY 2009).
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People v. Sanchez, 921 N.E.2d 570 (NY 2009). · cites it 6× “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 §§…”
People v. Thorpe, 141 A.D.3d 927 (N.Y. App. Div. 2016). “To obtain a conviction for gang assault in the second degree, the People had to prove that, “with intent to cause physical injury to another person and when aided by two or more other persons actually present, [defendant] cause [d] serious physical injury to such person” (Penal…”
People v. Smith, 89 A.D.3d 1126 (N.Y. App. Div. 2011). · cites it 2× “Gang assault in the second degree required that defendant, acting with the intent to cause physical injury to another person, ££cause[d] serious physical injury to such person or to a third person” while “aided by two or more persons actually present” (Penal Law § 120.06). The…”
People v. Tucker, 91 A.D.3d 1030 (N.Y. App. Div. 2012). “That term — an element of assault in the first degree and gang assault in the first and second degrees (see Penal Law §§ 120.06, 120.07, 120.10 [1]) — is defined as a “physical injury which creates a substantial risk of death, or which causes death or serious and protracted…”
United States v. Castillo, 36 F.4th 431 (2d Cir. 2022). · cites it 3× “” N.Y. Penal Law § 120.06 . 5 New York law defines “[p]hysical injury” as “impairment of physical condition or substantial pain,” id.”
People v. Thomas, 59 A.D.3d 783 (N.Y. App. Div. 2009). “Similarly unpersuasive is defendant’s claim that he erroneously was assessed 30 points for his youthful offender adjudication for gang assault in the second degree, a class C violent felony (see Penal Law § 120.06). “In the context of the criminal history section of the risk…”
People v. Matos, 133 A.D.3d 885 (N.Y. App. Div. 2015). · cites it 2× “Nevertheless, the weight of the credible evidence does support a finding that Anthony acted with "intent to cause physical injury" to Brown and, thus, that Anthony committed the lesser-included offense of gang assault in the second degree (Penal Law § 120.06). Consequently, I…”
People v. Junior, 119 A.D.3d 1228 (N.Y. App. Div. 2014). “In particular, he maintains that the People failed to prove that he intended to cause physical injury to the victim and was aided by two or more persons actually present, elements of gang assault in the second degree (see Penal Law § 120.06). Defendant further asserts that the…”
People v. Hill, 52 A.D.3d 380 (N.Y. App. Div. 2008). “A person is guilty of gang assault in the second degree when, with intent to cause “physical injury to another person and when aided by two or more other persons actually present, [s]he causes serious physical injury to such person” (Penal Law § 120.06). Under no view of the…”
In re Timothy S., 1 A.D.2d 908 (N.Y. App. Div. 2003). “Memorandum: Contrary to respondent’s contention, Family Court’s findings that respondent committed acts that if committed by an adult would constitute the crimes of gang assault in the second degree (Penal Law § 120.06), assault in the third degree (§ 120.”
People v. Chavez, 139 A.D.3d 1082 (N.Y. App. Div. 2016). “Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of gang assault in the second degree beyond a reasonable doubt (see Penal Law § 120.”
People v. Conroy, 102 A.D.3d 979 (N.Y. App. Div. 2013). “Therefore, the trial court’s refusal to instruct the jury with respect to gang assault in the second degree as a lesser-included offense of gang assault in the first degree (see Penal Law §§ 120.06, 120.07) also does not warrant reversal (see People v Rodriguez, 16 NY3d 341, 346…”
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