Panel Upsets Terror Enhancement in Sentencing of Gang Member

, New York Law Journal

In the first appellate test of the violent-crimes provision of New York's Anti-Terrorism Act of 2001, a Manhattan panel has held that a 2002 shooting at a Bronx church party that paralyzed a young man and killed a 10-year-old girl was not an act of terrorism. At issue was whether the shooting, which came during a fight between rival gang members at a christening, was intended "to intimidate or coerce a civilian population."

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