During an altercation between defendant and one Connolly, an off-duty police officer, defendant bit off Connolly's left ear. The defendant attempted to prove that he was justified in using the degree of physical force he employed against Connolly under subdivision 2 of section 35.15 of the Penal Law. The jury returned a verdict of not guilty of the crime of assault in the first degree (Penal Law...
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