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PEOPLE v. SIMMONS

13136, 1954/08.

121 A.D.3d 465 (2014)

993 N.Y.S.2d 497

2014 NY Slip Op 06869

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

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

Decided October 9, 2014.

Order, Supreme Court, Bronx County (Megan Tallmer, J.), entered on or about April 25, 2013, which adjudicated defendant a level three sexually violent offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

Defendant was properly assessed 30 points for being armed with a dangerous instrument at the time of the underlying sex crime (see People v Pettigrew,...

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