People v Thomas

People v Thomas 2014 NY Slip Op 02965 Decided on April 30, 2014 Appellate Division, Second Department 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.

Decided on April 30, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
HECTOR D. LASALLE, JJ.
2013-07786
(Ind. No. 6033/06)

[*1]The People of the State of New York, respondent,

v

Damon Thomas, appellant.




Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel),
for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y.
(Leonard Joblove, Morgan J. Dennehy, and
Daniel Berman of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Carroll, J.), imposed July 11, 2013, upon his conviction of robbery in the first degree, upon a jury verdict, after remittitur from this Court for resentencing (see People v Thomas, 103 AD3d 923), the resentence being a determinate term of imprisonment of 10 years and a period of postrelease supervision of 5 years.

ORDERED that the resentence is affirmed.

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
DILLON, J.P., LEVENTHAL, CHAMBERS and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court