GARRY, J.
In November 2007, evidence was produced before a grand jury revealing that defendant, a former boyfriend of the victim, broke into her apartment in the City of Albany and beat her with two baseball bats. Defendant testified before the grand jury on his own behalf, denying the allegations and asserting that he had been with his girlfriend at the time. Defendant offered the girlfriend as an alibi witness, but she was not called. The grand jury issued a four...
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