SPAIN, J.
Defendant was charged in an indictment with criminal possession of a weapon in the third degree, menacing in the second degree and harassment in the second degree after he allegedly waived a box cutter at a store clerk and threatened to kill him and cut his throat after an argument at a convenience store in the City of Albany. Following a jury trial at which two store clerks, defendant and a friend testified, offering conflicting accounts of the incident...
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