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PEOPLE v. OQUENDO

268 A.D.2d 883 (2000)

701 N.Y.S.2d 527

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY B. OQUENDO, Appellant.

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

Decided January 27, 2000.

Peters, J.

On November 16, 1996, defendant and another individual entered the Troy Plaza Liquor Store in the City of Troy, Rensselaer County, where Tom Vumbaco and David Moran were working. Defendant pushed Vumbaco against a wall, held an elbow to his chest and thereafter thrust his other hand, blackgloved with a white cloth wrapped around it, into Vumbaco's stomach while declaring to Moran that "this is a [expletive] robbery...

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