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PEOPLE v. JONES

301 A.D.2d 678 (2003)

753 N.Y.S.2d 196

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON E. JONES, Appellant.

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

Decided January 2, 2003.

Crew III, J.P.

On December 9, 1999, Daniel Murtha was in his dorm room at the University of Albany when he heard a knock at the door. Upon opening the door, he observed defendant carrying a purple book bag and wearing a dark hood with a red bandana covering his lower face. Defendant pulled out a handgun and demanded money and drugs. At some point during this encounter, defendant lowered the handgun and Murtha tackled him...

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