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PEOPLE v. NICKENS

46 A.D.3d 363 (2007)

846 N.Y.S.2d 910

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILLIP NICKENS, Appellant.

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

Decided December 18, 2007.

Defendant did not preserve his claim that the court improperly resentenced him (see People v Samms, 95 N.Y.2d 52, 55-58 [2000]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court did not unlawfully alter defendant's sentence (see CPL 430.10).

We have considered and rejected defendant's remaining arguments, including his ineffective assistance of...

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