People v. Simmons

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered June 24, 1982, upon a verdict convicting defendant of the crimes of burglary in the second degree and petit larceny. Police were summoned by Peter Phelan to his apartment at 10:30 p.m. on December 14,1981 when he heard noises from within. Officers arrived and apprehended a James Mans exiting the apartment carrying Phelan’s property. While Mans was being arrested, Officer Hinners entered the apartment and confronted Phillip Curtis and a second male who jumped out the window and fled. The officers found items…