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PEOPLE v. SIMMONS

2006-05437 2006-11345

2008 NY Slip Op 07270

THE PEOPLE, ETC., respondent, v. JAMES SIMMONS, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 30, 2008.

Attorney(s) appearing for the Case

Law Offices of Laura G. Weiss, Attorney at Law, P.C., Pearl River, N.Y., for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent.

Before: Reinaldo E. Rivera, J.P., Peter B. Skelos, Edward D. Carni, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the judgment and the amended sentence are affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of grand larceny in the second degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power (see CPL 470.15[5]),...

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