People v. Simmons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeals (1) from a judgment of the County Court of Albany County (Breslin, J.), rendered May 1, 2000, upon a verdict convicting defendant of the crimes of murder in the second degree and criminal possession of a weapon in the second degree, and (2) by permission, from an order of said court, entered October 7, 2002, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.
On May 28, 1999, Scott Gavigan, a police detective, was shopping when he encountered defendant standing next to a blue Honda hatchback at the Century Two Mall in the City…
2Cases cited11 opinions
- United States v. MatlockSupreme Court of the United States · 1974
- People v. CosmeNew York Court of Appeals · 1979
- People v. RichardsAppellate Division of the Supreme Court of the State of New York · 1999
- People v. WongAppellate Division of the Supreme Court of the State of New York · 2004
- People v. BartonAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by5 opinions
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- People v. FulwoodAppellate Division of the Supreme Court of the State of New York · 2011
- People v. AveryAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 2019
- People v. NelsonAppellate Division of the Supreme Court of the State of New York · 2019