Judgment unanimously reversed, on the law, and new trial granted.
Memorandum.
Defendant, an inmate at Auburn Correctional Facility, was indicted for assault in the first degree for allegedly stabbing a correction officer in the neck and chin with a piece of broken glass. After trial had commenced by the impaneling of a jury, defendant's assigned counsel asked that the jury be excused so that he could bring something to the attention of the court. He then informed...
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