PEOPLE v. THOMAS

2012-06598

131 A.D.3d 551 (2015)

15 N.Y.S.3d 805

2015 NY Slip Op 06526

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

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

Decided August 12, 2015.


Ordered that the order is affirmed.

The Supreme Court properly denied the defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction. The court correctly concluded that the defendant's challenge to the eyewitness evidence presented at trial was procedurally barred because that ground for relief had already been determined on the merits on the defendant's direct appeal to this Court (see People v Thomas, 65 A.D.3d 1170

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