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PEOPLE v. THOMAS

39 A.D.2d 544 (1972)

The People of the State of New York, Respondent, v. Philip Earl Thomas, Appellant

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

April 3, 1972

Affirmed.

The resentencing of defendant, allowed pursuant to People v. Montgomery (24 N.Y.2d 130) in order to afford defendant an opportunity to appeal from the original judgment, did not constitute double punishment for the same crime violating defendant's constitutional privilege against twice being placed in jeopardy for the...

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