Legal Opinion

People v. Simmons

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

Decided November 25, 2015No. 2013-04663PublishedCited by 6 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered March 27, 2013, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his plea was rendered involuntary because the prosecutor rather than the County Court indicated at the plea proceeding that the defendant’s sentence would include restitution. Contrary to the defendant’s contention, the County Court did not improperly delegate its authority to the prosecutor when…

2Cases cited13 opinions

  1. People v. RiveraNew York Court of Appeals · 1988
  2. People v. FloresNew York Court of Appeals · 1994
  3. People v. HorneNew York Court of Appeals · 2002
  4. People v. ConsalvoNew York Court of Appeals · 1996
  5. People v. KimNew York Court of Appeals · 1998

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3Cited by6 opinions

  1. People v. GilliardAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. BeckermanAppellate Division of the Supreme Court of the State of New York · 2023
  3. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2025
  4. People v. KhalilAppellate Division of the Supreme Court of the State of New York · 2021
  5. People v. SpagnolaAppellate Division of the Supreme Court of the State of New York · 2020

1 more not listed; retrieve them via the Exa API.

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