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LOCKPORT, NY - A Town of Lockport man accused of attacking his own infant son faced a judge Wednesday.

Christopher Fuller, Jr., 23, is accused of injuring his five-month-old son at their home on Dysinger Road. The infant is in critical condition at a Buffalo hospital. Fuller was arrested and arraigned last Friday.

The Niagara County District Attorney's office, was set to call sheriff deputies to testify during the hearing about the alleged abuse by Fuller. But, there were differing views between the prosecution and the defense about whether Fuller needs mental evaluations before any testimony is given.

Attorney Michael White said in court that Fuller has "mental deficiencies," that haven't been diagnosed and that he wants Fuller to be seen by two psychologists.

White also claimed that Fuller may not be able to understand the court proceedings. The district attorney's office disagreed and thought Fuller could understand the proceedings and that the hearing should continue.

But, the hearing was waived, so the mental evaluations can be done.

The district attorney's office says the case will be handed over to a grand jury, where even the judge said it's likely Fuller will be indicted. Fuller remains in Niagara County jail on $25,000 cash bail or $50,000 bond.