Opinion · Appellate Division of the Supreme Court of the State of New York
People v. Utsey
People v. Utsey, 22 A.D.3d 268 (Appellate Division of the Supreme Court of the State of New York 2005)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 2005-10-11
- Topic
- antitrust
Judgment, Supreme Court, Bronx County (John E Collins, J.), rendered April 22, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed. The penalty reduction provisions of the Drug Law Reform Act (L 2004, ch 738) do not apply to defendants sentenced prior to its enactment (People v Walker, 81 NY2d 661, 666-667 [1993]), and we reject defendant’s arguments to the contrary. Since defendant received the minimum sentence permitted by law, this Court has no authority to reduce it as a matter of discretion in the interest of justice (CPL 470.20 [6]). Concur—Buckley, P.J., Mazzarelli, Andrias, Friedman and Sweeny, JJ.
Citator
UpLaw has not yet analyzed People v. Utsey. The absence of a flag is not a finding that it is good law.
- Cited by
- 1 opinion
Judgment, Supreme Court, Bronx County (John E Collins, J.), rendered April 22, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
The penalty reduction provisions of the Drug Law Reform Act (L 2004, ch 738) do not apply to defendants sentenced prior to its enactment (People v Walker, 81 NY2d 661, 666-667 [1993]), and we reject defendant’s arguments to the contrary. Since defendant received the minimum sentence permitted by law, this Court has no authority to reduce it as a matter of discretion in the interest of justice (CPL 470.20 [6]). Concur—Buckley, P.J., Mazzarelli, Andrias, Friedman and Sweeny, JJ.