PEOPLE v. SIMMONS


45 A.D.3d 882 (2007)

844 N.Y.S.2d 484

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CECILIA SIMMONS, Also Known as TANK, Appellant.

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

Decided November 1, 2007.


Crew III, J.

On March 14, 2002, a group of people congregated at an apartment in the City of Schenectady, Schenectady County, for the purpose of smoking crack cocaine. Jason Battaglia telephoned defendant, a drug dealer known as "Tank," and ordered $50 worth of cocaine. Defendant went to the apartment building and gave the drugs to Battaglia, who then went into the apartment. When Battaglia failed to return with the purchase money, defendant informed her partner,...

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