People v Vergara

People v Vergara 2006 NY Slip Op 07815 [33 AD3d 563] October 31, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 13, 2006

The People of the State of New York, Respondent,
v
Fabricio Vergara, Appellant.

—[*1]Judgment, Supreme Court, Bronx County (John G. Ingram, J.), rendered April 29, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The amelioration doctrine does not apply where, as here, a defendant was sentenced before the effective date of the Drug Law Reform Act (L 2004, ch 738) (People v Utsey, 7 NY3d 398 [2006]). Concur—Tom, J.P., Andrias, Marlow, McGuire and Malone, JJ.