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PEOPLE v. SMITH

104059.

93 A.D.3d 955 (2012)

939 N.Y.S.2d 719

2012 NY Slip Op 1700

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAZGHI SMITH, Appellant.

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

Decided March 8, 2012.

McCARTHY, J.

Defendant was charged in a two-count indictment with robbery in the first degree and burglary in the first degree after he forced his way into the home of the nine-year-old victim's grandfather and proceeded to rob the boy of his video game system at knife point. According to the victim's grandfather, when he tried to intervene, defendant knocked him down and fled the scene with the stolen property. Following...

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