People v Simmons
Annotate this CaseDecided on August 11, 2005
Criminal Court of the City of New York, New York County
THE PEOPLE OF THE STATE OF NEW YORK
against
Angel C. Simmons, Defendant
2003NY051421
Richard M. Weinberg, J.
Defendant moves for an order amending the caption of this docket to reflect his purportedly true name, Colin Baptiste.
Court records indicate that an individual was arrested on July 31, 2003 under the name Angel Simmons. He was arraigned on charges of Forgery in the Third Degree and Criminal Possession of a Forged Instrument in the Third Degree based on his driving a vehicle with a forged New Jersey temporary license plate. On the next court date of September 22, 2003, he pled guilty to Disorderly Conduct and was sentenced to a conditional discharge and seven days of community service. The signature on the conditional discharge form reads "Angel Simmons". The community service was completed by December 2, 2003.
On June 30, 2005 an attorney representing Colin Baptiste brought the instant application. According to the application papers, Mr. Baptiste is seeking a change in his immigration status to that of a permanent resident. Mr. Baptiste has listed this disorderly conduct conviction in his papers filed with the Immigration and Naturalization Service. However, because Mr. Baptiste pled guilty under the name Angel Simmonspurportedly his brother's name the discrepancy has caused problems with the INS. Mr. Baptiste seeks to amend this docket's caption to facilitate his INS application. A signed affirmation from Mr. Baptiste was filed with his attorney's application.
Initially, the Court notes that an apparent fraud has been perpetrated upon the Court by the applicant and that, but for his difficulties with the INS, the applicant would have let the fraud stand. The Court is loathe to take any steps which would facilitate this defendant's INS application. However, if the allegations in defendant's application are true, an amendment of the records would be appropriate. Accordingly, it is ordered that defendant be fingerprinted and that he supply the Court with other sufficient proof of identity before the next court date. [*2]
Although the People have not opposed this application, the Court strongly urges the District Attorney's Office to investigate how this fraud went undetected and to bring appropriate criminal charges against this defendant. Lying to the Court is a very serious matter and the response of the criminal justice system should be commensurate with that seriousness.
This constitutes the decision and order of the Court.
Dated: ___________________________
New York, New YorkJudge of the Criminal Court
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