On December 28, 1989 defendant was charged with one count of assault in the second degree in violation of Penal Law § 120.05 (7). Attached to the indictment was a special information which provided: "BE IT REMEMBERED, by this indictment, that I, James T. Hayden, Chemung County District Attorney, do hereby accuse the defendant above-named, of having been duly convicted on the 8th day of February, 1984 in the Supreme Court of New York...
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