People v Martinez
2009 NY Slip Op 02062 [60 AD3d 1346]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


The People of the State of New York, Respondent, v Angel Martinez, Appellant.

—[*1] Timothy P. Donaher, Public Defender, Rochester (David M. Abbatoy, Jr., of counsel), for defendant-appellant.

Michael C. Green, District Attorney, Rochester (Patrick H. Fierro of counsel), for respondent.

Appeal from a new sentence of the Supreme Court, Monroe County (Harold L. Galloway, J.), rendered May 26, 2005 imposed on defendant's conviction of criminal sale of a controlled substance in the first degree. Defendant was resentenced pursuant to the 2004 Drug Law Reform Act upon his 1997 conviction.

It is hereby ordered that the sentence so appealed from is unanimously affirmed. Present—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.