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PEOPLE v. UTSEY

7 N.Y.3d 398 (2006)

855 N.E.2d 791

822 N.Y.S.2d 475

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS UTSEY, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL NELSON, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COREY SMITH, Appellant.

Court of Appeals of New York.

Decided September 21, 2006.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Margaret E. Knight and Richard M. Greenberg of counsel), for appellant in the first above-entitled action.

Robert T. Johnson, District Attorney, Bronx (Alexis Pimentel, Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for respondent in the first above-entitled action.

Center for Appellate Litigation, New York City (Claudia S. Trupp and Robert S. Dean of counsel), for appellant in the second and third above-entitled actions.

Robert M. Morgenthau, District Attorney, New York City (Christopher P. Marinelli and Mark Dwyer of counsel), for respondent in the second and third above-entitled actions.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

Chief Judge KAYE.

In these three appeals, we are asked to determine whether the Legislature intended to give retroactive effect to the ameliorative sentencing provisions of the Drug Law Reform Act of 2004. We conclude that it did not.

Among its many provisions, the Drug Law Reform Act (DLRA) (L 2004, ch 738) replaced the indeterminate sentencing scheme of the Rockefeller Drug Laws...

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