People v Wiggins
2007 NY Slip Op 02271 [38 AD3d 1281]
March 16, 2007
Appellate Division, Fourth 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 Wesley Wiggins, Appellant.

—[*1] Stephen Bird, Rochester, for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Margaret A. Jones of counsel), for respondent.

Appeal from a new sentence of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered April 12, 2005 imposed upon defendant's conviction of criminal possession of a controlled substance in the first degree. Defendant was resentenced pursuant to the Drug Law Reform Act upon his 1991 conviction.

It is hereby ordered that the sentence so appealed from be and the same hereby is unanimously affirmed. Present—Hurlbutt, J.P., Martoche, Lunn, Peradotto and Green, JJ.