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PEOPLE v. SIMMS

No. 156

13 N.Y.3d 867 (2009)

2009 NY Slip Op 8852

921 N.E.2d 582

893 N.Y.S.2d 815

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EVERTON D. SIMMS, Respondent.

Court of Appeals of New York.

Decided December 1, 2009.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Lori Glickman and Leonard Joblove of counsel), for appellant.

Warren S. Landau, New York City, and Lynn W.L. Fahey for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur; Judge SMITH concurs in result in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

After deliberating about 4½ hours, the jury in this case rendered its verdict, finding defendant Everton D. Simms guilty of two counts of first-degree robbery (Penal Law § 160.15 [4]). At defense counsel's behest, the jurors were asked by the court clerk to declare individually whether the guilty verdict announced through the foreperson was their verdict...

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