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PEOPLE v. SUBGIDIO

56 A.D.3d 496 (2008)

867 N.Y.S.2d 143

THE PEOPLE OF THE STATE OF New York, Respondent, v. KELVIN SUBGIDIO, Appellant.

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

November 6, 2008.

Ordered that the order is affirmed.

The defendant was convicted of three counts of criminal sale of a controlled substance in the third degree and three counts of criminal possession of a controlled substance in the third degree, all class B felonies, for acts committed in 1998 and 1999, and he was sentenced in 1999. Contrary to the defendant's contention, he is not entitled to be resentenced in accordance with the Drug Law Reform Act of 2004 (L 2004, ch 738) (hereinafter...

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