People v. Thomas

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Carroll, J.), imposed August 5, 2010, upon his conviction of robbery in the first degree, upon a jury verdict, after remittitur from this Court for resentencing (see People v Thomas, 71 AD3d 1061 [2010]), the resentence being a determinate term of imprisonment of 18 years and a period of post-release supervision of five years, as a second felony offender.

Ordered that the resentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

The…