People v Breaux

People v Breaux 2007 NY Slip Op 02607 [38 AD3d 441] March 27, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent,
v
Tyrone Breaux, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (John Cataldo, J.), rendered February 10, 2006, resentencing defendant, upon his conviction, after a jury trial, of criminal sale of a controlled substance in the third degree, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

Defendant, who was originally sentenced to a term of 8½ to 17 years, was resentenced after this court remanded for a proper presentence report (24 AD3d 261 [2005], lv denied 6 NY3d 809 [2006]). We perceive no basis for a further reduction of sentence as a matter of discretion in the interest of justice. Defendant's arguments for a reduced penalty under the Drug Law Reform Act (L 2004, ch 738) are without merit (People v Utsey, 7 NY3d 398 [2006]). Concur—Tom, J.P., Williams, Buckley, Gonzalez and Sweeny, JJ.