The charges were dropped against a man accused of knocking out an 83-year-old Asian American grandmother outside a mall in the Mid-Hudson Region.

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Nancy Toh says she was spit on, punched and knocked unconscious outside The Westchester mall in White Plains in March. She was left lying in her own blood on the cold street near the mall.

Following an investigation, Glenmore Nembhard, 40, was charged with second-degree assault, with intent to cause physical injury to a person who is 65 years of age or older, a felony.

A possible motive for how the investigation led to Nembhard being charged wasn't released.

This week, Westchester Count District Attorney Miriam E. Rocah announced the charges were dropped. Rocah said during the investigation officials found issues with aspects of the identification that rendered it inadmissible and unusable in court.

"We have now determined that available evidence beyond the inadmissible identification is not sufficient to establish beyond a reasonable doubt that the suspect originally arrested committed the assault as charged. As justice requires, we are dismissing all charges against this individual," Rocah stated. "The Westchester District Attorney’s Office is committed to prosecuting anyone who commits hate crimes to the fullest extent of the law. We are also firmly committed to maintaining the integrity of all of our arrests and prosecutions."


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