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People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1997
240 A.D.2d 199 (N.Y. App. Div. 1997)

Opinion

June 10, 1997

Appeal from the Supreme Court, New York County (Richard Carruthers, J., at Wade hearing; Clifford Scott, J., at plea and sentence).


The hearing court properly denied defendant's request to reopen the hearing for testimony from the identifying witnesses since defendant's claim regarding suggestiveness was purely speculative ( People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833).

Concur — Sullivan, J.P., Milonas, Rosenberger, Ellerin and Mazzarelli, JJ.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1997
240 A.D.2d 199 (N.Y. App. Div. 1997)
Case details for

People v. Simmons

Case Details

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

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

Date published: Jun 10, 1997

Citations

240 A.D.2d 199 (N.Y. App. Div. 1997)
658 N.Y.S.2d 882