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PEOPLE v. PARKS

95 N.Y.2d 811 (2000)

734 N.E.2d 741

712 N.Y.S.2d 429

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOSEPH PARKS, Respondent.

Court of Appeals of the State of New York.

Decided June 13, 2000.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Lesley Brovner and John M. Castellano of counsel), for appellant.

Joseph F. DeFelice, Kew Gardens, for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On August 19, 1994, defendant Joseph Parks entered a bagel shop in Queens. After walking around the store for a few minutes, defendant pulled out a gun and announced a robbery. Three other people were in the store: Victor "Vito" Colello, the store manager; John Johannes, an employee; and Glenn Iscoe, a customer. Colello...

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