People v Tolentino

People v Tolentino 2006 NY Slip Op 08345 [34 AD3d 331] November 16, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

The People of the State of New York, Respondent,
v
Julio Tolentino, Appellant.

—[*1]Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered March 3, 2004, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

Defendant's argument for a sentence reduction under the Drug Law Reform Act (L 2004, ch 738) is without merit (People v Utsey, 7 NY3d 398 [2006]). Concur—Friedman, J.P., Williams, Gonzalez, Sweeny and McGuire, JJ.