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. The victim fell on top of the defendant and was in a headlock applied by the defendant. After the victim went limp, the defendant pulled free, stood up, kicked the victim in the head, and then jumped on him. The victim suffered a paralyzing spinal injury.…