People v Thomas

People v Thomas 2009 NY Slip Op 05636 [64 AD3d 425] July 2, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 2, 2009

The People of the State of New York, Respondent,
v
Robert Thomas, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County, (Carol Berkman, J.), rendered June 11, 2008, resentencing defendant to a term of 15 years with five years' postrelease supervision, unanimously affirmed.

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]). Concur—Andrias, J.P., Sweeny, McGuire, Acosta and Richter, JJ.