People v. Simmons
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant was convicted of various counts of murder and related crimes for the stabbing deaths of two priests during separate robberies at their rectories in the City of Buffalo. The court properly denied defendant’s motion to sever the counts relating to the first incident from the counts relating to the second incident. The offenses were properly joinable because defendant’s identity and motive were in issue and the modus operand! was sufficiently unique to make evidence of the first incident probative of the second incident (see, CPL 200.20 [2]…
2Cases cited3 opinions
- People v. BongarzoneNew York Court of Appeals · 1987
- People v. LydeAppellate Division of the Supreme Court of the State of New York · 1983
- People v. LukeAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by1 opinion
- People v. ManuelAppellate Division of the Supreme Court of the State of New York · 1992