Carpinello, J.
On June 9, 1999, defendant was employed as a laborer on a construction project in the Town of Smithville, Chenango County. Upset with his employer over a work-related dispute, defendant quit his job that morning and, upon learning that afternoon that his paycheck had bounced, he returned to the construction site in the evening to collect his tools. He was accompanied by a friend and co-worker, Kory Minshall. It is undisputed that while inside the partially...
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