In March 1995, defendant was indicted on one count of assault in the second degree (see, Penal Law § 120.05 [2]) arising out of an incident in the City of Binghamton, Broome County, on April 2, 1994 when Charles Matson was shot in the arm following a verbal altercation with defendant. At trial, Matson testified that he had known defendant since 1993 and formerly sold drugs for him. He further testified that on the date of the...
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