People v Benitez-Fernandez
2012 NY Slip Op 05273 [96 AD3d 1666]
June 29, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


The People of the State of New York, Respondent, v Onacimo Benitez-Fernandez, Appellant. (Appeal No. 2.)

—[*1] Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of counsel), for defendant-appellant.

William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of counsel), for respondent.

Appeal from an order of the Onondaga County Court (William D. Walsh, J.), entered July 6, 2010 pursuant to the 2009 Drug Law Reform Act. The order denied defendant's application to be resentenced upon his conviction of criminal sale of a controlled substance in the third degree.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Same memorandum as in People v Benitez-Fernandez ([appeal No. 1] 96 AD3d 1665 [2012]). Present—Smith, J.P., Fahey, Peradotto and Lindley, JJ.