Mugglin, J.
The evidence at trial established that on December 13, 1998, defendant, who had consumed at least one case of beer, was seen exiting a convenience store with another case of beer for which he had not paid. His theft of the beer was reported to an off-duty Cortland County Sheriff's Lieutenant who was shopping at the store. Having first verified the nonpayment with store personnel, he confronted defendant outside the store and identified himself as a police...
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