Mercure, J.
Defendant's conviction of assault in the first degree in violation of Penal Law § 120.10 (3) arises out of an altercation that took place in the early morning hours of March 14, 1998 between defendant and Robert Fredricks, during the course of which defendant repeatedly kicked Fredricks in the head, causing grave injury to his brain.
Initially, we reject the contention, raised for the first time on appeal, that the indictment was jurisdictionally...
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