People v Clarke

People v Clarke 2006 NY Slip Op 09715 [35 AD3d 296] December 21, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

The People of the State of New York, Respondent,
v
Troy Clarke, Appellant.

—[*1]Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered March 10, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant's arguments for a reduced penalty under the Drug Law Reform Act (L 2004, ch 738) are without merit (People v Utsey, 7 NY3d 398 [2006]). Concur—Tom, J.P., Marlow, Williams, Gonzalez and Catterson, JJ.