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PEOPLE v. ABREU

29 A.D.3d 336 (2006)

813 N.Y.S.2d 302

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ASAIN ABREU, Also Known as ASMIN ABREAU, Appellant.

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

May 4, 2006.

Defendant, who was resentenced from a term of 15 years to life to a term of 12 years pursuant to the Drug Law Reform Act (L 2004, ch 738), claims he is also entitled to have his conviction reduced to second-degree possession based on the amelioration doctrine of People v Behlog (74 N.Y.2d 237 [1989]) and the new law's change in the weight requirement for first-degree possession. We reject this argument, because the amelioration doctrine...

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