PEOPLE v. HIGHSMITH

1470 KA 09-00832.

79 A.D.3d 1741 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY HIGHSMITH, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 30, 2010.


It is hereby ordered that the order so appealed from is unanimously affirmed and the matter is remitted to Erie County Court for further proceedings in accordance with the following memorandum: Defendant appeals from an order granting his application for resentencing upon his conviction of criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [former (1)]), pursuant to the 2004 Drug Law Reform Act (DLRA-1) (L 2004, ch 738, § 23),...

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