PEOPLE v. DEPERNA


2 A.D.3d 900 (2003)

768 N.Y.S.2d 238

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DEPERNA, Appellant.

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

December 4, 2003.


Kane, J.

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 the victim fell. In any event, the victim landed flat on his back on the...

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