People v. Simmons

10 N.Y.3d 946 (2008)

893 N.E.2d 130

862 N.Y.S.2d 852

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

DONNIE SIMMONS, Appellant.

Court of Appeals of the State of New York.

Argued June 5, 2008.

Decided July 1, 2008.

Office of the Appellate Defender, New York City (Risa Gerson and Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Ellen Stanfield Friedman and Eleanor J. Ostrow of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate…