Carpinello, J.
On the evening of May 5, 1995, defendant and Scott Smith (hereinafter the victim) were patronizing a local bar in the Village of Endicott, Broome County, when they had an argument over the victim's inadvertent physical contact with defendant's girlfriend. Following this incident, which was broken up by the bar owner, defendant left and returned shortly thereafter in an agitated state. Defendant then instigated a second altercation wherein he threatened...
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