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PEOPLE v. ROSARIO

42 A.D.3d 472 (2007)

838 N.Y.S.2d 446

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL ROSARIO, Appellant.

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

Decided July 10, 2007.

Ordered that the resentence is affirmed.

While the Drug Law Reform Act permits the defendant to appeal his resentence on the basis that it was excessive (see L 2004, ch 738, § 23), the defendant expressly accepted the court's resentence offer and, thus, has no basis to now complain that the resentence was excessive (see People v Guzman, 37 A.D.3d 615, 616 [2007]; Penal...

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