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PEOPLE v. DE VIVO

282 A.D.2d 770 (2001)

726 N.Y.S.2d 145

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY A. DE VIVO, Appellant.

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

Decided April 5, 2001.

Carpinello, J.

In the early morning hours of July 26, 1998, defendant, along with six other individuals, went on a rampage in search of Jermaine Fullard. Convinced that he was at the home of Britton Cannon, they went to Cannon's residence. Upon arriving, defendant ran toward the house yelling racial epithets directed at Fullard and threatening to kill him.1 He then "crashed" through the front door, broke down other interior doors, and...

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