People v DeJesus

People v DeJesus 2008 NY Slip Op 04921 [52 AD3d 215] [52 AD3d 215] June 3, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 13, 2008

The People of the State of New York, Respondent,
v
Eduar DeJesus, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David A. Crow of counsel), and Proskauer Rose LLP, New York (Jennifer O'Brien of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Melissa Pennington of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered May 3, 2007, resentencing defendant, upon his conviction of criminal possession of a controlled substance in the first degree, to a term of 17 years, unanimously affirmed.

The court properly exercised its discretion in reducing defendant's sentence of 20 years to life to 17 years pursuant to the Drug Law Reform Act (L 2004, ch 738), and we perceive no basis for reducing the sentence any further. Concur—Lippman, P.J., Mazzarelli, Williams, Sweeny and Acosta, JJ.