It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, assault in the first degree (Penal Law § 120.10 [3]). Defendant's first trial ended in a mistrial as the result of a deadlocked jury, and the People filed a second indictment charging defendant with the same offenses as those charged in the first indictment. Defendant was arraigned...
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