P. v. Gonzalez
The evidence at trial with reference to counts 2 and 6, established that on January 13, 2008, at approximately 1:30 a.m., Timothy Malooly was walking down 3rd Street near Manhattan Place when two men walked in front of him. As Malooly got closer to the men, they turned around and pushed him up against a building. The men told Malooly to be quiet, corralled him up against the building, and ordered him to give them all his money. One of the men put his arms around Maloolys neck and put the tip of a knife up to his neck while the other man emptied Maloolys pockets, taking a cell phone, an iPod, keys, and a wallet containing three credit cards, an ATM card, a drivers license, and approximately seven dollars in cash. The robbers told Malooly not to look at them and then fled. Malooly gave no one permission to use his credit cards. Approximately 30 minutes later, Maloolys credit card was used to buy gasoline. Malooly did not make the purchase.
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