RICKS, THOMAS, PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1398 KA 10-01756 PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND GORSKI, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER THOMAS C. RICKS, DEFENDANT-APPELLANT. KEVIN J. BAUER, ALBANY, FOR DEFENDANT-APPELLANT. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT. Appeal from a resentence of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered August 2, 2010. Defendant was resentenced upon his conviction of sodomy in the first…