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PEOPLE v. AVERY

103376.

80 A.D.3d 982 (2011)

915 N.Y.S.2d 356

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VAUGHN AVERY, Appellant.

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

Decided January 20, 2011.

Garry, J.

On an evening in 1996, defendant, Jason Clark and Antonio Spears gathered near a grocery store in the City of Albany. They encountered an acquaintance of Spears who answered some questions about the store after exiting. After the acquaintance left the area, defendant and Clark, armed with handguns, entered the store. The store owner was stocking shelves and the victim was working at the front counter. The owner...

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