Appellate Division of the Supreme Court of the State of New York January 9, 1995 (People v. Jones)

Appeal by the defendant from a judgment of the County Court, Westchester County (Scarpino, J.), rendered May 28, 1993, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

During the course of a fight between the defendant and the victim, the two fell to the ground.