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PEOPLE v. ZIPPO

29 A.D.3d 1179 (2006)

814 N.Y.S.2d 812

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN L. ZIPPO, Appellant.

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

May 18, 2006.

MUGGLIN, J.

Defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree and was sentenced as a second felony offender to a prison term of 2½ to 5 years. He appeals, asserting that the Rockefeller Drug Law Reform Act (see L 2004, ch 738), which was signed into law after he was arrested but before he was sentenced, should apply retroactively to his case pursuant to the amelioration doctrine enunciated in People v Behlog...

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