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PEOPLE v. HORTON

9 A.D.3d 503 (2004)

780 N.Y.S.2d 654

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HORTON, Appellant.

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

July 1, 2004.

CARDONA, P.J.

Defendant was charged in a seven-count indictment with the crimes of attempted robbery in the second degree (two counts), attempted murder in the second degree, assault in the first degree (two counts), assault in the second degree and criminal use of a firearm in the first degree, stemming from incidents occurring on April 22 and 23, 2001. Kode Sealey testified that, during the first encounter, defendant, wearing a grey bandana with eye slits over his...

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