NEW YORK SUPREME COURT, APPELLATE DIVISION, FOURTH DEPARTMENT
February 6, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
CLOVERIOUS THOMAS, JR., DEFENDANT-APPELLANT.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MOTION No. (1429/08)
MEMORANDUM AND ORDER
Motion for reargument granted and, upon reargument, the memorandum and order entered November 14, 2008 is amended by deleting the second and third sentences of the memorandum and substituting the following sentences:
"The sole contention of defendant on appeal is that the judgment revoking his probation was based on an illegal search. We reject defendant's contention (see generally People v Thomas, 30 AD3d 1197, 1198, lv denied 9 NY3d 869)."
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.
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