PEOPLE v. DAMPHIER


51 A.D.3d 1146 (2008)

856 N.Y.S.2d 726

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL P. DAMPHIER, Appellant.

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

Decided May 8, 2008.


Mercure, J.

Defendant was charged in a five-count indictment with, among other things, robbery in the second degree based upon a November 2003 incident in which he and another individual allegedly pushed their way into the victim's house and pointed a gun at him. The two men told the victim to "[g]et down on [his] face," and pushed him back onto his couch. The victim, who had been home alone, then told the men that a woman...

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