PEOPLE v. SIMMONS

2013-04663

133 A.D.3d 896 (2015)

19 N.Y.S.3d 756

2015 NY Slip Op 08767

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN SIMMONS, Also Known as JOHN ANTHONY SIMMONS, Appellant.

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

Decided November 25, 2015.


Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered March 27, 2013, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his plea was rendered involuntary because the prosecutor rather than the County Court indicated at the plea proceeding that the defendant's sentence would include...

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