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PEOPLE v. BREAUX

38 A.D.3d 441 (2007)

831 N.Y.S.2d 321

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE BREAUX, Appellant.

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

Decided March 27, 2007.

Defendant, who was originally sentenced to a term of 8½ to 17 years, was resentenced after this court remanded for a proper presentence report (24 A.D.3d 261 [2005], lv denied 6 N.Y.3d 809 [2006]). We perceive no basis for a further reduction of sentence as a matter of discretion in the interest of justice. Defendant's arguments for a reduced penalty under the Drug Law Reform Act (L 2004,...

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