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PEOPLE v. WALKER

2007-01693.

78 A.D.3d 63 (2010)

908 N.Y.S.2d 419

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMMY LEE WALKER, Appellant.

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

Decided September 28, 2010.

Attorney(s) appearing for the Case

Lynn W. L. Fahey , New York City ( Jonathan M. Kratter of counsel), for appellant, and appellant pro se.

Richard A. Brown , District Attorney, Kew Gardens ( John M. Castellano , Sharon Y. Brodt and Roni C. Piplani of counsel), for respondent.

MASTRO, J.P., SANTUCCI and CHAMBERS, JJ., concur.

OPINION OF THE COURT

BELEN, J.

The defendant, Timmy Lee Walker, spent the evening of Saturday, September 4, 2004, and the early morning hours of the next day in a basement apartment in Queens, smoking large quantities of crack cocaine and drinking large quantities of alcohol. As the night progressed, he also kidnapped and robbed at least two people at gunpoint. After one of these kidnapping victims became very agitated, the defendant allowed him to leave...

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