PEOPLE v. SIMMONS


43 N.Y.2d 806 (1977)

The People of the State of New York, Respondent, v. Eugene Simmons, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1977.


Attorney(s) appearing for the Case

Paul F. McAloon and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (David I. Pincus and Peter L. Zimroth of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The suppression court found as a fact that defendant did not know that the four plainclothesmen alighting from the taxicab were police officers. Additionally there is no evidence that when defendant ran back into the building and up the stairs he was aware that he was being followed by anyone, much less a police officer. It cannot be said, therefore...

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