People v Simmons
2024 NY Slip Op 06279
Decided on December 12, 2024
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided and Entered: December 12, 2024
Before: Kern, J.P., Kapnick, González, Mendez, O'Neill Levy, JJ.

Ind No. 72307/23 Appeal No. 3238 Case No. 2024-00690

[*1]The People of the State of New York, Respondent,

v

Earl Simmons, Defendant-Appellant.




Jenay Nurse Guilford, Center for Appellate Litigation, New York (David J. Klem of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Amir H. Khedmati of counsel), for respondent.



An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (Seth Steed, J.), rendered January 10, 2024,

Said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive,

It is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: December 12, 2024

Counsel for appellant is referred to § 606.5, Rules of the Appellate Division, First Department.