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People v. Simmons

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 1992
184 A.D.2d 1062 (N.Y. App. Div. 1992)

Opinion

June 5, 1992

Appeal from the Supreme Court, Erie County, Kasler, J.

Present — Boomer, J.P., Balio, Lawton, Fallon and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to any of defendant's arguments that he was deprived of effective assistance of counsel. Defendant did not show that his counsel was ineffective because counsel failed to request Wade and Mapp hearings (see, People v. Rivera, 71 N.Y.2d 705, 709; People v. Love, 57 N.Y.2d 998, 1000; People v. Brown, 122 A.D.2d 546, lv denied 68 N.Y.2d 810). Defense counsel effectively and competently conducted a Huntley hearing, argued the motion for severance, and cross-examined the People's witnesses. Counsel presented a cogent theory of defense and delivered a coherent and well-organized summation. The evidence, the law, and the circumstances of this case reveal that defendant was provided meaningful representation (see, People v. Satterfield, 66 N.Y.2d 796, 798-799).

In view of the nature of the several offenses committed by defendant and his prior criminal record, his sentence is not harsh and excessive.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 5, 1992
184 A.D.2d 1062 (N.Y. App. Div. 1992)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT L. SIMMONS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 5, 1992

Citations

184 A.D.2d 1062 (N.Y. App. Div. 1992)

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