Lahtinen, J.
Defendant and Jesse Caldwell fought each other twice on the streets of the City of Albany on the night of June 9-10, 2001. During the first encounter, defendant allegedly flashed a box cutter, which he did not use at that time, and was punched once by Caldwell during the brief fracas. The fight ended without further incident. The two men resumed fighting, however, when they met again later that night and defendant allegedly struck Caldwell with a box...
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