Gang sign testimony deemed fair play for attempted murder conviction amNewYork

"Prosecutors say Vilella and a co-defendant sought revenge on a man who had testified in another criminal case, and in January 2013, attacked the man outside a deli in Harlem: The co-defendant swung a machete at his jaw and neck, landing a blow that a doctor testified would have killed him had it been an inch or two lower. Vilella was arrested three years after the incident."

"At trial, in addition to playing surveillance video of the attack and audio from the subsequent 911 call, prosecutors used photographs of the two defendants together flashing gang signs and called a Department of Corrections Intelligence Bureau captain as an expert in interpreting coded slang and gang affiliation. He testified about what the hand signals meant and defined words from recorded conversations like boss, peeped, lamping, MJ, type, rat, caught, hit me, wrap, and waving."

"On appeal, Vilella failed to convince the First Department that the testimony should not have been allowed. The evidence of defendant's gang membership was highly probative of defendant's motive and his accessorial liability for the acts of the codefendant, Justice Manuel J. Mendez writes. The evidence was critical to the jury's understanding of the relationship between defendant, codefendant, and the person against whom the victim testified. Furthermore, Mendez said, the testimony about slang references helped juror understand the conversation"

Brandon Vilella and a co-defendant attacked a man outside a Harlem deli in January 2013, with the co-defendant swinging a machete that nearly killed the victim. Vilella was arrested three years later and jurors convicted him of attempted murder in the first and second degrees and assault in the first degree, leading to a 25-years-to-life sentence. Prosecutors presented surveillance video, a 911 call, photographs of the defendants flashing gang signs, and expert testimony from a corrections intelligence captain who interpreted hand signals and coded slang. The appellate court found the gang membership evidence highly probative of motive and accessorial liability and held that the slang testimony aided juror understanding.

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