People v Rios
2006 NY Slip Op 08045 [34 AD3d 243]
November 9, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 17, 2007


The People of the State of New York, Respondent,
v
Jose Rios, Appellant.

[*1]Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), rendered December 9, 2004, convicting defendant, upon his plea of guilty, of violation of probation, and resentencing him to a term of three years to life, unanimously affirmed.

In 1996, defendant pleaded guilty to criminal sale of a controlled substance in the second degree and was sentenced to lifetime probation. In 2004, following his arrest and conviction in Richmond County on an unrelated case, he was convicted of violating his probation and was resentenced as indicated. Defendant's argument for a sentence reduction under the Drug Law Reform Act (L 2004, ch 738) is without merit (People v Utsey, 7 NY3d 398 [2006]). Concur—Buckley, P.J., Tom, Mazzarelli, Saxe and McGuire, JJ.