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  5. 256 A.D.2d 733 (1998)
 

PEOPLE v. PHILLIPS

256 A.D.2d 733 (1998)

682 N.Y.S.2d 685

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT PHILLIPS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided December 10, 1998.

Graffeo, J.

On October 18, 1996, defendant and the victim engaged in an altercation while occupants in defendant's automobile located in a parking lot. The victim exited the vehicle and while he was walking away, defendant struck the victim from behind with his car, causing him to fall backward and onto the hood of the vehicle. The victim and a passenger in defendant's automobile testified that defendant increased the speed...

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