
    The People of the State of New York, Respondent, v John Tolbert, Appellant.
    [915 NYS2d 512]
   — An appeal having been taken to this Court by the above-named appellant from a judgment of resentence of the Supreme Court, New York County (Ruth Pickholz, J.), rendered on or about March 24, 2010, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed. Concur — Sweeny, J.P., Moskowitz, DeGrasse, Freedman and Richter, JJ.  