Carpinello, J.
As a result of allegations that he struck two individuals with a baseball bat during separate altercations outside a bar in the early morning hours of September 27, 1998, two indictments, later consolidated for trial, were handed up against defendant charging him with assault in the second degree pursuant to Penal Law § 120.05 (2). The first indictment accused defendant of assaulting Brett Corkins outside the bar and the second accused him of assaulting...
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