OPINION OF THE COURT
MICHAEL D. KITSIS, J.
The defendant, charged with assault in the third degree (Penal Law § 120.00[1]); criminal obstruction of breathing or blood circulation (Penal Law § 121.11[a]); attempted assault in the third degree (Penal Law §§ 110.00, 120.00[1]); menacing in the third degree (Penal Law ...
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