On December 18, 1995, Anthony Gabriel was walking down Warren Street in the City of Hudson, Columbia County, accompanied by an acquaintance, Patrick O'Leary. Respondent approached Gabriel and offered to sell him marihuana. Gabriel requested to see the marihuana and, when respondent complied, Gabriel seized it, put it in his pocket without paying for it and walked away. The following evening Gabriel was walking on Second Street with another...
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