People v Holmes
2019 NY Slip Op 04028 [172 AD3d 576]
May 23, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 3, 2019


[*1] (May 23, 2019)
 The People of the State of New York, Respondent,
v
Thomas Holmes, Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Christina Wong of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Michael D. Tarbutton of counsel), for respondent.

Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered March 16, 2016, as amended October 24, 2018, convicting defendant, upon his plea of guilty, of two counts of burglary in the second degree, and sentencing him to concurrent terms of 31/2 years, with five years' postrelease supervision, unanimously affirmed.

We held this appeal in abeyance and remanded for reconsideration of the length of defendant's term of postrelease supervision (164 AD3d 1118 [2018]). On remand, the court reimposed the original term of postrelease supervision. The record does not establish that the court employed any improper criteria in making this discretionary determination, and we perceive no basis for reducing the sentence. Concur—Renwick, J.P., Richter, Tom, Gesmer, Oing, JJ.