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PEOPLE v. MALDONADO

11 A.D.3d 114 (2004)

781 N.Y.S.2d 636

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v FRANK MALDONADO, Appellant.

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

September 2, 2004.

Attorney(s) appearing for the Case

Laura R. Johnson, The Legal Aid Society, New York City (William B. Carney of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Tracy Siligmueller and Karen Swiger of counsel), for respondent.

TOM, J.P., ANDRIAS, SAXE and MARLOW, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

Defendant was charged with and convicted of the knifepoint robbery of Ernesto Montoya, a vendor of ice cream from a Mister Softee vehicle that Montoya had temporarily parked in the vicinity of 466 East 185th Street in the Bronx to sell his wares. After Montoya parked the truck, the codefendant, Serrano, approached and asked him about an ice cream cone. As Montoya was serving Serrano, he heard the back door of the truck slide...

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