People v DeWitt
2013 NY Slip Op 08771 [112 AD3d 1377]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


The People of the State of New York, Respondent
v
Valfanso DeWitt, Appellant.

—[*1] Williams, Heinl, Moody & Buschman, P.C., Auburn (Mario J. Gutierrez of counsel), for defendant-appellant.

Jon E. Budelmann, District Attorney, Auburn (Nathan J. Garland of counsel), for respondent.

Appeal from an order of the Cayuga County Court (Thomas G. Leone, J.), entered November 10, 2011. The order denied the motion of defendant for resentencing pursuant to the Drug Law Reform Acts of 2004, 2005 and 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed. Present—Smith, J.P., Fahey, Lindley, Sconiers and Whalen, JJ.