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PEOPLE v. THOMAS

59 A.D.3d 1109 (2009)

872 N.Y.S.2d 302

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

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

Decided February 6, 2009.

Motion for reargument granted and, upon reargument, the memorandum and order entered November 14, 2008 (56 A.D.3d 1233 [2008]) is amended by deleting the second and third sentences of the memorandum and substituting the following sentences: "The sole contention of defendant on appeal is that the judgment revoking his probation was based on an illegal search. We reject defendant's contention (see generally People v Thomas,

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