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PEOPLE v. SIMMONS

Ind. 2492/16. Appeal No. 14901. Case No. 2019-3122.

203 A.D.3d 106 (2022)

161 N.Y.S.3d 69

2022 NY Slip Op 00284

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKIE SIMMONS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 18, 2022.

Attorney(s) appearing for the Case

Caprice R. Jenerson, Office of the Appellate Defender, New York City (Karena Rahall and Emma L. Shreefter of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Philip V. Tisne and Ellen Stanfield Friedman of counsel), for respondent.

MOULTON, MENDEZ, SHULMAN and HIGGITT, JJ., concur.

OPINION OF THE COURT

Defendant appeals from a judgment convicting him, upon his plea of guilty, of assault in the first degree as a sexually motivated felony and attempted burglary in the second degree, and sentencing him to concurrent terms of 12 and 3 years, respectively. The main issue on appeal is whether defendant was properly...

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