PEOPLE v. SIMMONS


115 A.D.2d 986 (1985)

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

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

December 20, 1985


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment of conviction for assault in the second degree (Penal Law § 120.05 [2]). His primary argument on appeal is that he was denied a hearing as to the authenticity of a statement the prosecution claims defendant made after his arrest (see, CPL 60.45, 710.20 [3]).

The purpose of such a hearing is to ensure an objective judicial determination of the voluntariness of a...

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