PEOPLE v. SMITH


12 A.D.3d 781 (2004)

784 N.Y.S.2d 228

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE SMITH, Appellant.

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

November 10, 2004.


Crew III, J.

On the night of January 23, 2002, defendant and a friend were walking on Ontario Street in the City of Albany, when they encountered one Michael Pascarelli. Defendant and his friend approached Pascarelli and demanded money from him. Thereafter, Pascarelli and defendant's friend engaged in a physical confrontation and, after Pascarelli successfully forced his attackers away from him, defendant and his friend left the area. Pascarelli immediately reported...

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