People v. Thomas

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered May 8, 2006, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of four years, unanimously affirmed.

The court properly substituted itself for another Justice who had presided earlier in the trial, after stating that it had familiarized itself with the case, and that the original Justice was incapacitated due to an injury and was unable to return to the bench for at least one week. Although defendant…