The defendant is charged with a violation of subdivision 1 of section 120.00 of the Penal Law (assault in the third degree). He has asked for and has been granted a Wade-Gilbert type hearing immediately prior to trial. The hearing has been held, and the following facts elicited:
At about 7:15 P.M. on the evening of February 22, 1969, the complainant, Evelyn Alcock, alighted from a bus in the vicinity of 65 Gotham Avenue...
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