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PEOPLE v. ELLIOT

216 A.D.2d 576 (1995)

628 N.Y.S.2d 761

The People of the State of New York, Respondent, v. James Elliot, Appellant

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

June 26, 1995

Ordered that the judgment is affirmed.

On the morning of May 5, 1993, the defendant and an unapprehended accomplice robbed the complainant, a New York City cab driver. During the course of the robbery, the defendant held a gun to the complainant's neck, but the complainant pushed the gun away, and a struggle ensued. When the defendant fled the cab, the complainant pursued him, and, with the assistance of another cab driver...

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