PEOPLE v. MALCOLM

102263.

74 A.D.3d 1483 (2010)

902 N.Y.S.2d 264

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER MALCOLM, Appellant.

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

Decided June 10, 2010.


Peters, J.

Unhappy with the repairs the victim made to his automobile, defendant entered the victim's repair shop armed with a loaded semi-automatic rifle, took aim at the victim and pulled the trigger. When the rifle misfired, the victim rushed defendant and attempted to wrestle the rifle away. Upon hearing the victim's shouts and observing the two struggling with one another on the ground, the victim's employee called the police and secured

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