People v Thomas
2009 NY Slip Op 00970 [59 AD3d 1109]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


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

[*1]Motion for reargument granted and, upon reargument, the memorandum and order entered November 14, 2008 (56 AD3d 1233 [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, 39 AD3d 1197, 1198 [2007], lv denied 9 NY3d 869 [2007])." Present—Centra, J.P., Fahey, Peradotto, Green and Gorski, JJ.