PEOPLE v. SIMMONS


31 A.D.3d 1051 (2006)

818 N.Y.S.2d 859

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE W. SIMMONS, Appellant.

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

July 27, 2006.


Lahtinen, J.

Defendant encountered an elderly man confined to a wheel chair and allegedly took his wallet by jerking it loose from a lanyard around the man's neck. The victim called 911 and defendant was arrested later that day. After being advised of his Miranda rights, defendant gave police a written statement acknowledging that he "pulled [the victim's wallet] off of him" and used the money therein to purchase cocaine. Defendant explained that he believed...

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