People v Pantojas
2008 NY Slip Op 06464 [53 AD3d 669]
July 29, 2008
Appellate Division, Second 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
Christian Pantojas, Appellant.

—[*1] James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Argiro Kosmetatos of counsel; Coleen A. Fortes on the brief), for respondent.

Appeal by the defendant from a resentence of the County Court, Rockland County (Bartlett, J.), rendered December 4, 2006, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the resentence is affirmed.

"[S]ince the defendant received the minimum sentence permitted by law, this Court has no authority to reduce it as a matter of discretion in the interest of justice" (People v Howard, 50 AD3d 823 [2008]; see CPL 470.20 [6]; People v Wilson, 28 AD3d 796, 797 [2006]; People v Muller, 294 AD2d 602 [2002]). Spolzino, J.P., Fisher, Carni and Dickerson, JJ., concur.