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PEOPLE v. BAYBURY

30 A.D.3d 627 (2006)

815 N.Y.S.2d 356

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX BAYBURY, Also Known as ABDUL BABURY, Also Known as JEHAN MAYBERRY, Appellant.

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

June 1, 2006.

Spain, J.

Defendant's conviction arose from events which occurred on August 10, 2003 in the City of Schenectady, Schenectady County. Evidence adduced at defendant's jury trial established that, on that night, defendant entered a convenience store with a handgun and, after threatening and striking the cashier who fled out the door, began to open the cash register. At that point, defendant saw police officers approaching the...

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