Appellate Division of the Supreme Court of the State of New York December 4, 2003 (People v. Deperna)

Kane, J.

Appeal from a judgment of the Supreme Court (Teresi, J.), rendered May 23, 2002 in Albany County, upon a verdict convicting defendant of the crimes of assault in the second degree and assault in the third degree.

Defendant and his friend were involved in an altercation with the victim, wherein the victim hit defendant in the face several times.