A 40-year-old Auburn man has become only the fourth New York state resident to be charged with a new section of the criminal assault law after he allegedly broke an elderly man's jaw during a road rage incident last month, officials said.

The Auburn Police Department said Kevin "Dallas" Smith, 40, of 20 Mary St., was picked up on an arrest warrant Tuesday and charged with second-degree felony assault for punching a 76-year-old man in the face on May 9.

The incident started after the two men almost got into a car accident on the city's west side, sparking an exchange of words, police said.

Smith then allegedly followed the victim home and was confronted in the street by the elderly man, police said. The victim allegedly shoved Smith, who is accused of retaliating with a punch.

"Granny's Law," signed by Gov. David Paterson in May 2008, carries a possible seven-year prison sentence for assaults when the victim is at least 65 years old and applies to assailants who are at least 10 years younger than the person they attack.

Read the full report in Friday's edition of The Citizen.