People v Caba
2008 NY Slip Op 02210 [49 AD3d 380]
March 13, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Ramon Caba, Appellant.

[*1] Andrea Risoli, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York (Frank Glaser of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered on or about June 26, 2006, resentencing defendant upon his conviction of criminal possession of a controlled substance in the second degree to a term of 5½ years, consecutive to his sentence upon his conviction of conspiracy in the second degree, and denying resentencing upon the conspiracy conviction, unanimously affirmed.

The court properly exercised its discretion in reducing defendant's sentence of six years to life to 5½ years pursuant to the Drug Law Reform Act (L 2005, ch 643), and we perceive no basis for reducing the sentence any further. The Act does not apply to defendant's conspiracy conviction (People v Anonymous, 43 AD3d 806 [2007]). On this appeal, defendant may not challenge the validity of the underlying judgment of conviction, which, we note, has already been affirmed (12 AD3d 268 [2004], lv denied 4 NY3d 828 [2005]). Concur—Saxe, J.P., Gonzalez, Buckley and Acosta, JJ.