PEOPLE v. BOYKINS

123 KA 16-01467.

161 A.D.3d 183 (2018)

75 N.Y.S.3d 386

2018 NY Slip Op 02919

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD D. BOYKINS, Appellant.

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

Decided April 27, 2018.


Attorney(s) appearing for the Case

D.J. & J.A. Cirando, Esqs., Syracuse ( John A. Cirando of counsel), for defendant-appellant.

Valerie G. Gardner , District Attorney, Penn Yan ( David G. Mashewske of counsel), for respondent.

WHALEN, P.J., SMITH, LINDLEY and CURRAN, JJ., concur.


OPINION OF THE COURT

The issue raised in this appeal is whether the 2004 and 2009 Drug Law Reform Acts (DLRA) (L 2004, ch 738; L 2009, ch 56, § 1, part AAA) allow a sentencing court to sentence a defendant convicted of a felony offense defined in Penal Law article 220 or 221, i.e., a controlled substance or marihuana...

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