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

Defendant did not preserve his claim that the court improperly resentenced him (see People v Samms, 95 NY2d 52, 55-58), 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 counsel claim.

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PEOPLE v. NICKENS
(Dec 18, 2007)