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People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1999
259 A.D.2d 345 (N.Y. App. Div. 1999)

Opinion

March 16, 1999

Appeal from the Supreme Court, New York County (Edwin Torres, J.).


The evidence of guilt was legally sufficient and the verdict was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and identification.

By failing to object, by making general objections, or by objecting on different grounds than raised on appeal, defendant has not preserved his various challenges to the prosecutor's cross-examination and summation, and we decline to review these claims in the interest of justice. Were we to review these claims, we would find no basis for reversal ( see, People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Rosenberger, Tom and Lerner, JJ.


Summaries of

People v. Simmons

Appellate Division of the Supreme Court of New York, First Department
Mar 16, 1999
259 A.D.2d 345 (N.Y. App. Div. 1999)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX SIMMONS…

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

Date published: Mar 16, 1999

Citations

259 A.D.2d 345 (N.Y. App. Div. 1999)
684 N.Y.S.2d 789

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