People v Lamar Taylor

People v Taylor 2006 NY Slip Op 04871 [30 AD3d 548] Decided on June 13, 2006 Appellate Division, Second 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 13, 2006
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
WILLIAM F. MASTRO
REINALDO E. RIVERA
JOSEPH COVELLO, JJ.
2005-03882 DECISION & ORDER

[*1]The People, etc., respondent,

v

Lamar Taylor, appellant. (Ind. No. 212/05)




Martin Goldberg, Franklin Square, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret
E. Mainusch of counsel), for
respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Brown, J.), rendered April 18, 2005, convicting him of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant committed the instant crimes before the effective date of the Drug Law Reform Act. Accordingly, he is not automatically entitled to be sentenced under the provisions of that Act (see L 2004 ch 738, §§ 36, 41[d-1]; cf. People v McCray, 27 AD3d 486; People v Torres, 26 AD3d 398; People v Goode, 25 AD3d 723, 723-724).
FLORIO, J.P., SANTUCCI, MASTRO, RIVERA and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court