PEOPLE v. MOTHON


284 A.D.2d 568 (2001)

729 N.Y.S.2d 541

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY MOTHON, Appellant.

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

Decided June 7, 2001.


Mugglin, J.

On January 22, 1998, defendant was sitting inside his vehicle in a parking lot of a convenience store when he was questioned by Thomas Shear about compact discs that defendant had borrowed but had not returned. Several witnesses testified that defendant then threatened Shear with a knife and, although unarmed, Shear challenged defendant to a fight. Although no fight ensued, Shear left and solicited the assistance of his cousin, Roger Sherman, Jr. When...

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