People v Cruz
2007 NY Slip Op 04352 [40 AD3d 441]
May 22, 2007
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 11, 2007


The People of the State of New York, Respondent,
v
Ricardo Cruz, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Gian S. King of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), for respondent.

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered April 8, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth 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 penalty under the Drug Law Reform Act (L 2004, ch 738) are without merit (People v Utsey, 7 NY3d 398 [2006]). Concur—Andrias, J.P., Saxe, Williams, Gonzalez and Kavanagh, JJ.