People v Boatman
2011 NY Slip Op 03399 [83 AD3d 1525]
April 29, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


The People of the State of New York, Respondent,
v
Marlon Boatman, Appellant.

[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Christine M. Cook of counsel), for defendant-appellant.

Eric T. Schneiderman, Attorney General, Albany (Hannah Stith Long of counsel), for respondent.

Appeal from a new sentence of the Onondaga County Court (William D. Walsh, J.), rendered September 2, 2008 imposed upon defendant's conviction of criminal possession of a controlled substance in the second degree. Defendant was resentenced pursuant to the 2005 Drug Law Reform Act upon his 2003 conviction.

It is hereby ordered that the sentence so appealed from is unanimously affirmed. Present—Scudder, P.J., Fahey, Carni, Sconiers and Martoche, JJ.