PEOPLE v. SIMMONS

1019 KA 18-02434.

184 A.D.3d 326 (2020)

125 N.Y.S.3d 504

2020 NY Slip Op 03350

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

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

Decided June 12, 2020.


Attorney(s) appearing for the Case

Todd G. Monahan , Little Falls, for defendant-appellant.

Kristyna S. Mills , District Attorney, Watertown ( Zakary I. Woodruff of counsel), for respondent.

NEMOYER, J., concurs with TROUTMAN, J.; CARNI, J., concurs in the result in a separate opinion in which LINDLEY, J., concurs; PERADOTTO, J.P., dissents in part and votes to affirm in a separate opinion.


OPINION OF THE COURT

On appeal from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1]) and promoting prison contraband in the first degree (§ 205.25[1]), defendant contends that the evidence is legally insufficient...

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