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PEOPLE v. UTSEY

22 A.D.3d 268 (2005)

801 N.Y.S.2d 738

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS UTSEY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 11, 2005.

The penalty reduction provisions of the Drug Law Reform Act (L 2004, ch 738) do not apply to defendants sentenced prior to its enactment (People v Walker, 81 N.Y.2d 661, 666-667 [1993]), and we reject defendant's arguments to the contrary. Since 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 (CPL...

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