Opinion
6723.
October 11, 2005.
Judgment, Supreme Court, Bronx County (John P. Collins, J.), rendered April 22, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Susan E. Baumgartner of counsel), for respondent.
Before: Buckley, P.J., Mazzarelli, Andrias, Friedman and Sweeny, JJ., Concur.
The penalty reduction provisions of the Drug Law Reform Act (L 2004, ch 738) do not apply to defendants sentenced prior to its enactment ( People v. Walker, 81 NY2d 661, 666-667), and we reject defendant's arguments to the contrary. Since defendant received the minimum sentence permitted by law, this Court has no authority to reduce it as a matter of discretion in the interest of justice (CPL 470.20).