People v Hidalgo

People v Hidalgo 2007 NY Slip Op 04706 [41 AD3d 122] Decided on June 5, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 5, 2007
Friedman, J.P., Marlow, Nardelli, Buckley, Kavanagh, JJ.
1254
Ind. 1095/04

[*1]The People of the State of New York, Respondent,

v

Gilbert Hidalgo, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (David Crow
of counsel), and Proskauer Rose LLP, New York (Sarah
Reisman of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Marc
Krupnick of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J.), rendered April 19, 2006, resentencing defendant, upon his conviction of criminal possession of a controlled substance in the second degree, to a term of 4½; years, unanimously affirmed.

Pursuant to the Drug Law Reform Act, the court reduced defendant's sentence from 5 years to life to 4½; years, and we perceive no basis for a further reduction.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 5, 2007

CLERK