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PEOPLE v. STEPHEN

54 A.D.3d 782 (2008)

862 N.Y.S.2d 906

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SEAN STEPHEN, Appellant.

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

September 9, 2008.

Ordered that the order is affirmed.

The defendant's contention that the resentencing provisions of the Drug Law Reform Act of 2004 (L 2004, ch 738, §§ 1-41) violate his right to equal protection of the laws (NY Const, art I, § 11; US Const, 14th Amend) and that he was subject to cruel and unusual punishment by the application of those provisions is unpreserved for appellate review (see People v Vasquez, 54 A.D.3d 783

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