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People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 2003
306 A.D.2d 37 (N.Y. App. Div. 2003)

Opinion

1332

June 5, 2003.

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered March 30, 1999, convicting defendant, after a jury trial, of four counts of robbery in the first degree and two counts of robbery in the second degree, and sentencing him, as a second violent felony offender, to four terms of 12½ years and two terms of 7 years, all to run concurrently, unanimously affirmed.

Rafael Curbelo, for respondent.

Paul Liu, for defendant-appellant.

Before: Buckley, P.J., Mazzarelli, Saxe, Williams, Marlow, JJ.


The verdict was based on sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490) . There is no basis for disturbing the jury's determinations concerning identification and credibility. In addition to reliable identifications by the two victims, each of whom had an adequate opportunity to observe defendant, there was extensive circumstantial evidence linking defendant to the crime.

We perceive no basis for reducing defendant's sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Jun 5, 2003
306 A.D.2d 37 (N.Y. App. Div. 2003)
Case details for

People v. Simmons

Case Details

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

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

Date published: Jun 5, 2003

Citations

306 A.D.2d 37 (N.Y. App. Div. 2003)
759 N.Y.S.2d 672