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PEOPLE v. AUGUSTE

52 A.D.3d 619 (2008)

858 N.Y.S.2d 891

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELEUTHERIUS AUGUSTE, Appellant.

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

Decided June 10, 2008.

Ordered that the resentence is affirmed.

The defendant moved for resentencing under the Drug Law Reform Act of 2004 (see L 2004, ch 738, § 23). The Supreme Court granted the motion and imposed a determinate term of 15 years' imprisonment with 5 years post-release supervision (see Penal Law § 70.71 [2] [b] [i]; § 70.45 [2]).

The resentence imposed by the Supreme Court was not excessive (see People v Delgado,

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