PEOPLE v. RIOS


34 A.D.3d 243 (2006)

823 N.Y.S.2d 344

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RIOS, Appellant.

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

Decided November 9, 2006.


In 1996, defendant pleaded guilty to criminal sale of a controlled substance in the second degree and was sentenced to lifetime probation. In 2004, following his arrest and conviction in Richmond County on an unrelated case, he was convicted of violating his probation and was resentenced as indicated. Defendant's argument for a sentence reduction under the Drug Law Reform Act (L 2004, ch 738) is without merit (People v Utsey, 7 N.Y.3d 398

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