Spain, J.
At around 1:00 A.M. on November 30, 2002, defendant was involved in an altercation in his home in the City of Schenectady, Schenectady County, with a woman he knew for several years. The woman, wearing only underwear, fled to a nearby house frantically reporting that defendant had assaulted and attempted to rape her and police were called. Defendant, whose phone was not connected, went to another neighbor reporting a woman had kicked in his back door and...
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