People v. Wilcox

*942Crew III, J. Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered December 5, 2003, upon a verdict convicting defendant of the crimes of gang assault in the second degree and grand larceny in the fourth degree.

Defendant and the victim had a short and fractious relationship culminating in a tragic ending in the early morning hours of August 16, 2002. In the evening of August 15, 2002, defendant and the victim got into a fight while in defendant’s car. Defendant pulled the car to the side of the road, ordered the victim out and handed him her cell phone so he could…