People v. Simmons

Appeal from a judgment of the County Court of Chemung County (Monroe, J.), rendered February 20,1981, convicting defendant upon his plea of guilty of the crime of grand larceny in the third degree. While on patrol in the parking lot of a shopping plaza, Police Officer Banfield noticed defendant walking away from the Century House store carrying a sleeping bag and helmet, with what appeared to be two rifle butts sticking out of the sleeping bag. Defendant kept glancing back over his shoulder as he walked. Officer Banfield realized that defendant matched the description of a reported shoplifter…