People v Thomas
2014 NY Slip Op 02965 [116 AD3d 1077]
April 30, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


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

—[*1] 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.

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 [2013]), the resentence being a determinate term of imprisonment of 10 years and a period of postrelease supervision of five years.

Ordered that the resentence is affirmed.

The resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Dillon, J.P., Leventhal, Chambers and LaSalle, JJ., concur.