In the early morning hours of June 11, 1989, defendant and a friend, Dante Terrell, entered the Kenwood Yard at the Port of Albany, Albany County, with the intention of stealing a car. The security guard, Robert Altieri, observed Terrell hiding behind a car and called out, "stop or I'll shoot", whereupon Terrell fled and hid in the weeds. Approximately 10 minutes later, Terrell heard four gunshots and then observed defendant approaching him...
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