In People v. Kim (255 AD2d 337 [2d Dept 1998]), defendant was charged, among other crimes, with gang assault, for an assault perpetrated by several accomplices to revenge an earlier attack. Defendant admitted to driving several assailants while searching for the complaining witness and later drove the assailants from the scene of the attack. His statement placed him at the scene with a bat in his hands. Although there were allegations that this assault stemmed from an actual "street gang" revenge attack, the appellate court looked to defendant's actions and participation in the crime when deciding whether there was legally sufficient evidence adduced before the Grand Jury to support the crime of gang assault. Finding that the evidence was sufficient upon the Grand Jury presentation, the Kim Court left to the jury the decision as to defendant's culpability in light of the complainant's testimony that "all of the members of the gang participated in the assault, but did not specifically inculpate the defendant" (255 AD2d, at 338).