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PEOPLE v. CACERES

41 A.D.3d 314 (2007)

838 N.Y.S.2d 68

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERTO CACERES, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EDWARD MARTINEZ, Respondent.

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

Decided June 26, 2007.

The crime at issue occurred in 2002. At that time, the weight requirement for first-degree drug possession was four ounces. On December 14, 2004, which was during defendants' trial, the Drug Law Reform Act (DLRA) became effective. Pertinent sections of that statute (L 2004, ch 738, §§ 21-22) raised the weight requirement for first-degree possession to eight ounces, and reduced possession of four ounces to the class A-II felony of second-degree possession. Unlike...

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