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Jury selection is scheduled to begin on Monday in Genesee county Court in the trial of the Batavia woman accused of punching a Wal-Mart cashier on Christmas Eve.

Jaquetta Simmons, 26, was originally charged with two felony courts of assault. One of the assault charges was reduced to a misdemeanor when Judge Robert Noonan ruled that "evidence of serious physical injury was not overwhelming."

A second assault charge, under New YorkState's "Granny Law" remains a felony. It was this charge that Simmons defense lawyers had argued was unconstitutional. Defense lawyer Ann Nichols argued that for the Granny Law to be enforceable, Simmons would have to know that Suozzi was over the age of 65.


The Granny law makes it felony to cause injury to a person over the age of 65 by a person 10 or more years younger.

Judge Noonan denied dismissal of the charge writing that the law "is clear in its application."

Simmons is accused of punching Wal-Mart cashier Grace Suozzi, 70, last December 25. Suozzi, police said, had asked Simmons to show a receipt for items she was carrying in a bag as she went through Suozzi's check-out line. 

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