Appellate Division of the Supreme Court of the State of New York December 10, 1998 (People v. Phillips)

Graffeo, J.

Appeal from a judgment of the County Court of Columbia County (Czajka, J.), rendered September 17, 1997, upon a verdict convicting defendant of the crime of assault in the third degree.

*734On October 18, 1996, defendant and the victim engaged in an altercation while occupants in defendant’s automobile located in a parking lot.