PEOPLE v. SOTO


296 A.D.2d 328 (2002)

745 N.Y.S.2d 159

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE SOTO, Appellant.

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

Decided July 11, 2002.


As the employees of a pizzeria were closing up for the night, defendant approached the window counter and asked for the manager. When he was told that the boss was not available, defendant climbed into the window. He had a brown paper bag covering his right hand and he was holding a plastic bag in his left hand. While in the pizzeria, he told the employees that they had to give him the money in the cash register or he would shoot them. At this time, he had his right hand...

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