On July 23, 1980, defendant was arrested and arraigned on charges of robbery in the first degree, assault in the second degree and resisting arrest. After a preliminary hearing in Troy Police Court on July 30, 1980, at which the complaining witness was unable to testify because of his injuries, the assault charge was dismissed. On January 28, 1981, a Grand Jury returned an indictment charging him with second degree assault based on the same incident. On February 11, 1981...
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