PEOPLE v. HOLMES


260 A.D.2d 942 (1999)

690 N.Y.S.2d 292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY HOLMES, Appellant.

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

Decided April 29, 1999.


Crew III, J.

On October 17, 1997 defendant, who was suspected of having participated in a robbery earlier in the evening, was observed in a department store in the Arnot Mall in Chemung County by a Deputy Sheriff. Upon being ordered to stop by the Deputy, defendant fled down one of the aisles and, upon observing a security guard crouched near a clothing display close to the store's entrance, pulled a gun from his waistband and fired a single round at point-blank range...

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