People v Simmons
2010 NY Slip Op 06907 [77 AD3d 1357]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


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

—[*1] Norman P. Effman, Public Defender, Warsaw (Neal J. Mahoney of counsel), for defendant-appellant.

Gerald L. Stout, District Attorney, Warsaw (Vincent A. Hemming of counsel), for respondent.

Appeal from a judgment of the Wyoming County Court (Mark H. Dadd, J.), rendered August 27, 2009. The judgment convicted defendant, upon a jury verdict, of promoting prison contraband in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present—Scudder, P.J., Martoche, Smith, Fahey and Green, JJ.