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PEOPLE v. THOMAS

2007-08977

68 A.D.3d 1141 (2009)

2009 NY Slip Op 9688

892 N.Y.S.2d 461

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNELL THOMAS, Appellant.

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

Decided December 22, 2009.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the County Court, Suffolk County, for a new trial.

The defendant's challenge to the sufficiency of the evidence is not preserved for appellate review (see CPL 470.05; People v Hawkins, 11 N.Y.3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60...

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