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PEOPLE v. TERK

24 A.D.3d 1038 (2005)

805 N.Y.S.2d 738

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL B. TERK, Appellant.

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

December 22, 2005.

CARDONA, P.J.

On December 30, 2003, defendant and the victim were patrons at the Heartbreak Hotel, a restaurant and tavern in the Town of Jefferson, Schoharie County. Although defendant and the victim were longtime acquaintances, defendant had engaged in an affair with the victim's wife earlier that year. At some point during the evening, other patrons heard a commotion in the restroom and observed defendant and the victim...

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