PEOPLE v. ANONYMOUS


43 A.D.3d 806 (2007)

842 N.Y.S.2d 433

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANONYMOUS, Appellant.

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

Decided September 27, 2007.


In 1997, defendant was convicted of conspiracy in the first degree (Penal Law § 105.17). Although the conspiracy related to class A drug felonies, the court properly denied his motion because resentencing under the Drug Law Reform Act is only available to those persons who were convicted of offenses defined in article 220 of the Penal Law (see L 2004, ch 738, § 23).

While Penal Law § 5.00 provides that Penal Law provisions "must be construed...

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