The deponent, as he was about to enter the apartment of his wife, "from who he had been separated," was approached by the defendant, who said he wanted to "see him." After waiting ten minutes, the deponent told [the defendant] that he could not wait any longer; whereupon [the defendant] pulled a revolver from his overcoat pocket and fired a shot which struck [the deponent] in the left eye." The deponent underwent ten days of subsequent treatment at Harlem Hospital, resulting in the removal of his eye.