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A judge refused Friday to throw out an assault charge against a man who is accused of stabbing a stranger with a hypodermic needle.

Monroe County Court Judge Patricia D. Marks said prosecutors offered enough evidence to a grand jury to indict Clifford W. Gravitte on second-degree assault charges in an Oct. 28 attack on Zulma Mendez outside a Rochester hotel.

Although Gravitte's lawyer argued that Mendez did not suffer an injury as defined in New York's penal law, Marks said Mendez's grand jury testimony showed that she was in pain for three days after the attack.

Mendez, 34, was leaving the Sheraton Four Points Hotel, where she had just applied for a job, when she was poked in the right buttock.

Mendez said she felt a pinch, turned and saw Gra-vitte, 34, holding a hypodermic syringe. She and her sister chased Gravitte, but he allegedly threw the syringe into the Genesee River before being stopped by police.

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