On July 28, 1984, defendant and her boyfriend, Earl Fagan, entered the Great American supermarket in the City of Binghamton for the admitted purpose of stealing cigarettes. As Fagan and defendant were loading cartons of cigarettes into the green gym bags they carried, they were observed by a store clerk, Joseph Sobiech, who summoned the manager, Mark Jones. Jones and Sobiech approached Fagan and defendant and instructed them to put the cigarettes...
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