The People, etc., respondent, v. Damon Thomas, appellant. (2014)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Damon Thomas, appellant.

2013–07786 (Ind.No. 6033 /06)

Decided: April 30, 2014

MARK C. DILLON, J.P. JOHN M. LEVENTHAL CHERYL E. CHAMBERS HECTOR D. LASALLE, JJ.

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.

Submitted—April 2, 2014

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 A.D.2d 80).

DILLON, J.P., LEVENTHAL, CHAMBERS and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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