So far as here pertinent, section 242 of the Penal Law provides that "A person who * * * 3. Wilfully and wrongfully wounds or inflicts grievous bodily harm upon another, either with or without a weapon; or, 4. Wilfully and wrongfully assaults another by the use of a weapon, or other instrument or thing likely to produce grievous bodily harm; * * * Is guilty of assault in the second degree." The first count of the indictment before us charges (under subd. 3) that defendant...
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