People v. Simmons

Appellate Division of the Supreme Court of New York

People v. Simmons

306 A.D.2d 37, 759 N.Y.S.2d 672, 2003 N.Y. App. Div. LEXIS 6361

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 5, 2003

StatusPublished

This text of 306 A.D.2d 37 (People v. Simmons) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Simmons, 306 A.D.2d 37, 759 N.Y.S.2d 672, 2003 N.Y. App. Div. LEXIS 6361 (N.Y. Ct. App. 2003).

Pincite

Opinion

—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 12 V2 years and two terms of seven years, all to run concurrently, unanimously affirmed.

The verdict was based on sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). 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. Concur — Buckley, P.J., Mazzarelli, Saxe, Williams and Marlow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—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 12 V2 years and two terms of seven years, all to run concurrently, unanimously affirmed.

The verdict was based on sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). 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. Concur — Buckley, P.J., Mazzarelli, Saxe, Williams and Marlow, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

306 A.D.2d 37, 759 N.Y.S.2d 672, 2003 N.Y. App. Div. LEXIS 6361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simmons-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack