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198 E. 161st St.
Bronx, NY  10451
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Robert T. Johnson
District Attorney
2008040 Tuesday, July 29, 2008
July 29, 2008

A PERSISTENT FELONY OFFENDER FACES LIFE IMPRISONMENT AFTER
PLEADING GUILTY TO ROBBING A 17-YEAR-OLD HIGH SCHOOL STUDENT

Bronx District Attorney Robert T. Johnson announced today that a 40-year-old man has been convicted of robbing a 17-year-old high school student who was on his way to school.

Frank Simmons, of 2828 Valentine Avenue, the Bronx, pled guilty to Attempted Robbery in the 1st degree, a class C violent felony offense, before State Supreme Judge Barbara F. Newman. The judge has set sentencing for Tuesday, August 12, 2008 in Part T23.

Simmons, a mandatory persistent felony offender, is facing a sentence of 16 years to life imprisonment. Attempted Robbery in the 1st degree is ordinarily punishable by a maximum sentence of up to 15 years in prison however, because Simmons has five prior felony convictions for Robbery, he could spend the rest of his life in prison.

The incident occurred on October 3, 2007 when Simmons approached Wayne Richards, 17, at the corner of East 172nd Street and 3rd Avenue as the teenager walked to school. Simmons placed his arm around Richards shoulder, pressed a knife against his side and said, “Don’t make a scene, give me your stuff.” The defendant then fled with the victim’s cellular phone, money and gold bracelet.

An eyewitness notified police and gave them a detailed description of the assailant. Moments later, Harry Torres, a peace officer with the Hunts Point Department of Public Safety, was alerted to the robbery by an unidentified individual and pursued Simmons who was fleeing on foot. Torres pulled his vehicle alongside Simmons and asked him if he had robbed a kid at knife-point. Simmons admitted taking the victim’s phone, threw the phone to the ground and continued running northbound on 3rd Avenue. Torres located an officer from the 42nd Precinct and notified the officer to Simmons’ direction of flight. Simmons was apprehended a short time later on the corner of Park Avenue and East 174th Street where Richards’ gold bracelet was recovered from the defendants pants pocket. Simmons was subsequently identified by both Harry Torres and Wayne Richards as the man responsiblefor the Robbery.

The case is being prosecuted by Assistant District Attorney Jennifer E. Cruz and Troy Smith of the A34 Trial Bureau.


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