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People v. Thomas

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


July 2, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
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.

5090/04

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 [2009]). As an alternative holding, we find them without merit (see People v Hernandez, 59 AD3d 180 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090702

© 1992-2009 VersusLaw Inc.



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