People v Perez
2008 NY Slip Op 05175 [52 AD3d 1245] [52 AD3d 1245]
June 6, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent, v Thomas Perez, Appellant. (Appeal No. 2.)

—[*1] Phillips Lytle LLP, Rochester (Chad W. Flansburg of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Jessica Birkahn Housel of counsel), for respondent.

Appeal from a new sentence of the Monroe County Court (Stephen R. Sirkin, J.), rendered November 17, 2005 imposed upon defendant's conviction of criminal possession of a controlled substance in the first degree. Defendant was resentenced pursuant to the 2004 Drug Law Reform Act upon his 2005 conviction.

It is hereby ordered that the sentence so appealed from is unanimously affirmed. Present—Scudder, P.J., Lunn, Fahey, Pine and Gorski, JJ.