NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
July 2, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ROBERT THOMAS, DEFENDANT-APPELLANT.
Judgment of resentence, Supreme Court, New York County, (Carol Berkman, J.), rendered June 11, 2008, resentencing defendant to a term of 15 years with 5 years' post-release supervision, unanimously affirmed.
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.
Andrias, J.P., Sweeny, McGuire, Acosta, Richter, JJ.
Defendant's double jeopardy argument, and his remaining challenges to the resentencing are unpreserved and we decline to review them in the interest of justice (see People v Rodriguez, 60 AD3d 452 ). As an alternative holding, we find them without merit (see People v Hernandez, 59 AD3d 180 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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