People v. Simmons

Decision Date02 November 1995
Citation87 N.Y.2d 850,638 N.Y.S.2d 609
Parties, 661 N.E.2d 1391 People v. Floyd Simmons
CourtNew York Court of Appeals Court of Appeals

Bellacosa, J.

218 A.D.2d 677, 630 N.Y.S.2d 503

App.Div. 2, Westchester 8/7/95

Dismissed.

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2 cases
  • People v. Herring
    • United States
    • New York Supreme Court — Appellate Division
    • May 2, 1996
    ... ... Rice, 75 N.Y.2d 929, 555 N.Y.S.2d 677, 554 N.E.2d 1265). While the record fails to reveal that defendant adequately preserved this issue for our review (see, People v. Williams, 75 N.Y.2d 858, 552 N.Y.S.2d 917, 552 N.E.2d 165; People v. Simmons, 218 A.D.2d 677, 630 N.Y.S.2d 503, lv. dismissed 87 N.Y.2d 850, 638 N.Y.S.2d 609, 661 N.E.2d 1391), we do find that such testimony had, in fact, exceeded the noted exception, yet recognize that County Court, sua sponte, gave a contemporaneous limiting instruction to the jury. Reviewing this issue ... ...
  • People v. Robinson
    • United States
    • New York Court of Appeals Court of Appeals
    • November 2, 1995

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