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PEOPLE v. NICKENS

Appellate Division of the Supreme Court of New York, First Department.
Dec 18, 2007

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.