Defendant was indicted for the crime of assault in the second degree in violation of subdivision 1 of section 120.05 of the Penal Law in a one-count indictment charging that, with intent to cause serious injury to another person, he did cause such injury to one Leonard Keyes by biting off a portion of his right ear. The charge arose as a result of an altercation in the parking lot of the Kinderhook Inn involving defendant and Keyes. Both parties had spent the evening consuming...
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