People v. Simmons

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DEVAN SIMMONS…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jun 12, 2015

2015 N.Y. Slip Op. 5063 (N.Y. App. Div. 2015)

Opinion

791 KA 13-01195

06-12-2015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DEVAN SIMMONS, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.

SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.

PRESENT:

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered March 6, 2013. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (DAVID R. JUERGENS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Entered: June 12, 2015

Frances E. Cafarell

Clerk of the Court