Spain, J.
Defendant's conviction stems from an altercation occurring on October 6, 1997 near the intersection of Bond and River Streets in the City of Troy, Rensselaer County, which resulted in serious injury to Jacqueline Ellis (hereinafter the victim). At trial, the victim testified that she and her boyfriend, Donald Hunt, were using a pay phone when she was approached and assaulted by her ex-husband, Arnold Downer, at which point a fight broke out between Hunt...
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