On December 7, 1982, defendant was indicted on two counts of assault in the first degree and a third count of reckless endangerment in the first degree, stemming from an altercation with one Donald Shufelt outside a bar in the City of Albany. It is alleged that defendant either intentionally or recklessly struck the victim's head against the concrete sidewalk, causing serious physical injury. On the first count of intentional assault (Penal Law, § 120.10, subd 1), the...
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