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PEOPLE v. SIMMONS

10 N.Y.3d 946 (2008)

893 N.E.2d 130

862 N.Y.S.2d 852

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

Court of Appeals of the State of New York.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Risa Gerson and Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Ellen Stanfield Friedman and Eleanor J. Ostrow of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Defendant was convicted, after jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentenced as a second felony offender to an aggregate term of 4½ to 9 years. On appeal to this Court by permission from a Justice of the Appellate Division, defendant contends that he was constructively without counsel, thus unrepresented...

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