People v Espiritusanto
2008 NY Slip Op 06073 [53 AD3d 1106]
July 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


The People of the State of New York, Respondent, v Jose Espiritusanto, Also Known as Guillo, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (James Eckert of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Loretta S. Courtney of counsel), for respondent.

Appeal from a new sentence of the Monroe County Court (Elma A. Bellini, J.), rendered June 28, 2005 imposed upon defendant's conviction of criminal possession of a controlled substance in the first degree (three counts). Defendant was resentenced pursuant to the 2004 Drug Law Reform Act upon his 2001 conviction.

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