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PEOPLE v. SIMMONS

90 A.D.2d 731 (1982)

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

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

November 18, 1982

This appeal is companion to People v Dowdell (88 A.D.2d 239) and, we think, is controlled by it. Simmons and Dowdell were charged with acting in concert in the commission of a burglary in the third degree. Both were found guilty after trial. While the issues tendered on this appeal differ somewhat from those which confronted us in Dowdell we are of the opinion that the distinctions do not warrant a different result. Indeed...

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