Defendant was indicted for assault in the second degree for an incident in which hot water was thrown on another inmate at Elmira Correctional Facility in Chemung County. The indictment did not allege that defendant was incarcerated, but an attachment to the indictment did. After defendant was arraigned, he moved to dismiss the indictment based upon insufficient evidence before the Grand Jury and failure of the indictment to allege defendant...
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