People v. Deperna

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. The victim then walked away, but defendant and his friend followed and, as the victim ascended the stairs to a bar, defendant either yanked the victim off the stairs or grabbed the victim and knocked him off balance. Some punches may have been taken as…