PEOPLE v. RICHARD


232 A.D.2d 872 (1996)

649 N.Y.S.2d 509

The People of the State of New York, Respondent, v. John W. Richard, Appellant

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

October 31, 1996


Crew III, J.

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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