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PEOPLE v. SIMMONS

9777, 2601/15.

173 A.D.3d 646 (2019)

101 N.Y.S.3d 589

2019 NY Slip Op 05224

The People of the State of New York, Respondent, v. Brandon Simmons, Appellant.

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

Decided June 27, 2019.

We note at the outset that defendant was adequately represented by counsel and was given an opportunity by the court to speak. The court also correctly determined that defendant was a second felony offender based on his Pennsylvania conviction. We adhere to our previous determination (expressed, not as "dicta" but as what was intended to be an alternative holding), that the Pennsylvania statute at issue (35 Pa Cons Stat §...

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