Defendant was arrested for the attempted robbery of Manuel Cabrera on the subway in the early morning hours of September 23, 1996. The evidence presented to the Grand Jury was that Cabrera was seated next to the train doors, on his way to work, when defendant and several companions entered the subway car. Defendant approached Cabrera, leaned "very close" over him and "check[ed]" Cabrera's pants pockets with both hands, saying something to the effect of "too much money." Cabrera...
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