PEOPLE v. PEREZ

2010-00537.

88 A.D.3d 913 (2011)

931 N.Y.S.2d 264

2011 NY Slip Op 7457

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCELINO PEREZ, Appellant.

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

Decided October 18, 2011.


Ordered that the order is affirmed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance herewith.

Despite the defendant's nearly spotless disciplinary record while incarcerated, and his commendable academic achievements, a more lenient resentence than the one proposed by the Supreme Court is not warranted under the circumstances of this case. The Drug Law Reform Act of 2004 (see L 2004, ch 738), which, inter...

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