22 A.D.3d 268 801 N.Y.S.2d 738

The People of the State of New York, Respondent, v Thomas Utsey, Appellant.

[801 NYS2d 738]

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.

People v. Utsey
22 A.D.3d 268 801 N.Y.S.2d 738

Case Details

Name
People v. Utsey
Decision Date
Oct 11, 2005
Citations

22 A.D.3d 268

801 N.Y.S.2d 738

Jurisdiction
New York

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