People v Rodriguez

People v Rodriguez 2007 NY Slip Op 09085 [45 AD3d 415] November 20, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent,
v
Jose Rodriguez, Appellant.

—[*1] Marianne Karas, Armonk, for appellant.

Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about June 23, 2006, resentencing defendant upon his conviction, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, to a term of 5½ years, unanimously affirmed.

The court properly considered all the relevant factors in resentencing defendant pursuant to the Drug Law Reform Act (L 2005, ch 643), and we perceive no basis for reducing the sentence any further. Concur—Lippman, P.J., Mazzarelli, Marlow, Catterson and Kavanagh, JJ.