OPINION OF THE COURT
RICHARD E. SISE, J.
In connection with a March 11, 2009 incident in which he assaulted his 12-year-old son, defendant was indicted for four crimes: assault in the first degree (Penal Law § 120.10 [3] [depraved indifference assault, class B felony]); assault in the second degree (Penal Law § 120.05 [1] [intentional assault, class D felony]); reckless endangerment in the first degree (Penal Law § 120.25 [depraved indifference...
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