People v. Simmons

Full title: The People of the State of New York, Respondent, v. Duval Simmons…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jan 22, 2019

2019 N.Y. Slip Op. 385 (N.Y. App. Div. 2019)

Opinion

8159 4884/12

01-22-2019

The People of the State of New York, Respondent, v. Duval Simmons, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.

Friedman, J.P., Kapnick, Gesmer, Oing, Moulton, JJ.

Seymour W. James, Jr., The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Patricia Nuñez, J.), rendered March 31, 2016,

Said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive,

It is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed.

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

ENTERED: JANUARY 22, 2019

CLERK

Counsel for appellant is referred to § 606.5, Rules of the Appellate

Division, First Department.