Kane, J.
Defendant was indicted and charged with assault in the second degree arising out of the alleged "headbutting" of a correction officer at the Chemung County jail, wherein defendant was being held on an unrelated charge. Defendant waived his right to a jury trial and agreed to proceed on stipulated facts. Based thereon, County Court convicted defendant of the crime of attempted assault in the second degree and thereafter sentenced him to an indeterminate prison...
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