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ALBANY, N.Y. (AP) — New York's highest court says street gangsters that commit assaults and murders are not terrorists under the statute enacted after hijackers crashed jets into the World Trade Center on 9/11.
The Court of Appeals says there's no indication New York lawmakers enacted the measure to elevate gang-on-gang street violence to the status of terrorism, which carries tougher penalties.
Ruling unanimously Tuesday, the court ordered a new trial for Edgar Morales, a member of the St. James Boys gang. He was convicted of fatally shooting a 10-year-old bystander and paralyzing a rival gang member at a christening party.
Bronx prosecutors say the gang sought to intimidate the neighborhood's entire Mexican-American community.
The court says there was insufficient proof of that, and prosecutors' terrorism theory probably prejudiced the jury.
Copyright 2012 The Associated Press.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
