People v Vizcarrondo (2007 NY Slip Op 01778)

People v Vizcarrondo

2007 NY Slip Op 01778 [38 AD3d 210]

March 1, 2007

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent,
v
Steven Vizcarrondo, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Adrienne Gantt of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), for respondent.

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered June 17, 2004, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant's arguments for a reduced sentence under the Drug Law Reform Act (L 2004, ch 738) are without merit (People v Utsey, 7 NY3d 398 [2006]). Concur—Tom, J.P., Mazzarelli, Williams, McGuire and Kavanagh, JJ.