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PEOPLE v. RODRIGUEZ

41 A.D.3d 334 (2007)

837 N.Y.S.2d 569

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO RODRIGUEZ, Appellant.

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

Decided June 28, 2007.

To the extent that defendant appeals, on the ground of excessiveness, from the court's order specifying its intended resentence, we perceive no basis for reducing the proposed sentence. There is no merit to defendant's argument, including his constitutional claim, that his conviction should be reduced to second-degree possession based on the subsequent change in the weight requirement for first-degree possession (see People v...

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