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PEOPLE v. GUERRIERO

221 A.D.2d 560 (1995)

633 N.Y.S.2d 597

The People of the State of New York, Respondent, v. Gabriel Guerriero, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 20, 1995

Ordered that the judgment is affirmed.

The defendant, a passenger in the complainant's taxicab, told the complainant to get out of the car "or I'll kill you", and pointed to his back, along his waist, as his female companion announced that the defendant had a gun. The complainant testified: "I didn't take any chance. I just got out [of the taxicab]". The defendant's gesture which, under the circumstances, "conspicuously...

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