Opinion
5589 Ind. 3846/14
05-23-2019
The PEOPLE of the State of New York, Respondent, v. Thomas HOLMES, Defendant–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.
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.
Renwick, J.P., Richter, Tom, Gesmer, Oing, JJ.
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 3½ 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 A.D.3d 1118, 83 N.Y.S.3d 437 [2018] ). On remand, the court reimposed the original term of PRS. 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.