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People v. Joseph

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2006
30 A.D.3d 248 (N.Y. App. Div. 2006)

Opinion

8789.

June 15, 2006.

Judgment of resentence, Supreme Court, New York County (Bernard J. Fried, J.), rendered July 12, 2005, resentencing defendant, upon his conviction, after a jury trial, of criminal possession of a controlled substance in the first degree, as a second felony offender, to a term of 13½ years, unanimously affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Laura Burde of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Ameer Benno of counsel), for respondent.

Before: Andrias, J.P., Marlow, Sweeny, McGuire and Malone, JJ., Concur.


Defendant was resentenced from a term of 15 years to life to a term of 13½ years pursuant to the Drug Law Reform Act (L 2004, ch 738). We perceive no basis for a further reduction. Defendant's argument that his conviction should be reduced to second-degree possession is without merit ( People v. Quinones, 22 AD3d 218, lv denied 6 NY3d 817; People v. Nelson, 21 AD3d 861, lv granted 6 NY3d 757), as is his constitutional challenge to the procedure under which he was sentenced as a second felony offender ( Almendarez-Torres v. United States, 523 US 224).


Summaries of

People v. Joseph

Appellate Division of the Supreme Court of New York, First Department
Jun 15, 2006
30 A.D.3d 248 (N.Y. App. Div. 2006)
Case details for

People v. Joseph

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOAH JOSEPH, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 15, 2006

Citations

30 A.D.3d 248 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 4927
816 N.Y.S.2d 349

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