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PEOPLE v. EBERHART

48 A.D.3d 898 (2008)

851 N.Y.S.2d 293

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES EBERHART, Appellant.

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

Decided February 21, 2008.

Mercure, J.

In August 2004, defendant forced his way into the car of the 78-year-old victim, who was getting into the vehicle after stopping to buy groceries on her way home from a weekly bingo game in the Village of Ellenville, Ulster County. Defendant then struggled with the victim for several minutes and ultimately succeeded in prying her car keys from her hand. The victim began to scream and sound her vehicle's horn...

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