People v Ackerman
2006 NY Slip Op 07616 [33 AD3d 496]
October 24, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 13, 2006


The People of the State of New York, Respondent,
v
Jerome Ackerman, Appellant.

[*1]Judgment, Supreme Court, New York County (Bonnie G. Wittner, J., at plea; Bruce Allen, J., at sentence), rendered October 21, 2003, convicting defendant of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of six years to life, unanimously affirmed.

The amelioration doctrine does not apply where, as here, a defendant was sentenced before the new law's effective date (People v Utsey, 7 NY3d 398 [2006]). Concur—Buckley, P.J., Tom, Saxe, Sullivan and McGuire, JJ.