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PEOPLE v. STUBER

111829, 112555.

205 A.D.3d 1147 (2022)

167 N.Y.S.3d 644

2022 NY Slip Op 03149

The People of the State of New York, Respondent, v. Shawn Stuber, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 12, 2022.

Attorney(s) appearing for the Case

Barrett D. Mack, Albany, for appellant.

Susan J. Mallery, District Attorney, Howes Cave (Kevin P. Mallery of counsel), for respondent.

Aarons, Reynolds Fitzgerald, Fisher and McShan, JJ., concur.

In the course of a March 2018 confrontation over a woman both were acquainted with, defendant struck the victim in the head with a meat cleaver. Defendant was soon arrested and, in August 2018, was charged in an indictment with assault in the second degree.1 The August 2018 indictment was dismissed with...

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