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People v. Simms

292 A.D.2d 637, 739 N.Y.S.2d 604, 2002 N.Y. App. Div. LEXIS 3245
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 25, 2002
StatusPublished

This text of 292 A.D.2d 637 (People v. Simms) 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. Simms, 292 A.D.2d 637, 739 N.Y.S.2d 604, 2002 N.Y. App. Div. LEXIS 3245 (N.Y. Ct. App. 2002).

Opinion

—Appeal by the defendant from ¿judgment of the Supreme Court, Queens County (Spires, J.), rendered July 7, 2000, convicting him of assault in the first degree, assault in the second degree (two counts), and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

The defendant’s contention that he was denied the effective assistance of counsel is without merit (see People v Benevento, 91 NY2d 708; People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137; People v Wicker, 229 AD2d 602).

The court records do not indicate whether the procedures set forth in CPL 400.21 for determining the defendant’s status as a second felony offender were complied with (see People v Bressingham, 148 AD2d 463). Accordingly, we remit the matter to the Supreme Court, Queens County, for resentencing in accordance with the procedures set forth in CPL 400.21.

The defendant’s remaining contentions are without merit. Santucci, J.P., Altman, Florio and Feuerstein, JJ., concur.

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Related

People v. Benevento
697 N.E.2d 584 (New York Court of Appeals, 1998)
People v. Baldi
429 N.E.2d 400 (New York Court of Appeals, 1981)
People v. Satterfield
488 N.E.2d 834 (New York Court of Appeals, 1985)
People v. Bressingham
148 A.D.2d 463 (Appellate Division of the Supreme Court of New York, 1989)
People v. Wicker
229 A.D.2d 602 (Appellate Division of the Supreme Court of New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
292 A.D.2d 637, 739 N.Y.S.2d 604, 2002 N.Y. App. Div. LEXIS 3245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simms-nyappdiv-2002.