Defendant and an accomplice entered a candy store/newsstand at 216 Eighth Avenue in Manhattan. After forcing Raphael Pagan, a truck driver who was minding the store for the owner, to the back of the store where a numbers betting operation was conducted, defendant shot and killed Abel Battista, the proprietor of the betting operation. Battista, who had attempted to take cover in the bathroom at the rear of the store, fired a shot out of the bathroom when defendant forced Pagan...
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