People v Bolden
2007 NY Slip Op 00766 [37 AD3d 1055]
February 2, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


The People of the State of New York, Respondent, v Furmond S. Bolden, Appellant. (Appeal No. 2.)

—[*1] The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of counsel), for defendant-appellant.

Frank J. Clark, District Attorney, Buffalo (Donna A. Milling of counsel), for plaintiff-respondent.

Appeal from a new sentence of the Supreme Court, Erie County (Richard C. Kloch, Sr., A.J.), rendered February 27, 2006 imposed upon defendant's conviction of criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the second degree. Defendant was resentenced pursuant to the Drug Law Reform Act upon his 1989 conviction.

It is hereby ordered that the sentence so appealed from be and the same hereby is unanimously affirmed.

Same memorandum as in People v Bolden (37 AD3d 1054 [2007]). Present—Gorski, J.P., Fahey, Peradotto, Green and Pine, JJ.