PEOPLE v. SIMMONS


99 A.D.2d 880 (1984)

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

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

February 16, 1984


At the close of business on January 28, 1982, William Weishaupt, owner of Weishaupt's Market, closed the store and secured the locks. Around midnight, Bruce Taylor, a New York State trooper who resided in an apartment above the store, was awakened by a banging noise and the sound of loose glass panes rattling in a door. Looking out his bathroom window, Taylor observed defendant standing under a light located over the rear door. When Trooper Taylor saw defendant attack the...

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