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People v. Watts

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 13, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
HERBERT WATTS, APPELLANT.

Appeal by the defendant, as limited by his brief, from so much of an order of the Supreme Court, Kings County (DiMango, J.), dated November 21, 2005, as denied that branch of his motion which was, in effect, to be resentenced as a Class A-II felony offender pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738).

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., MARK C. DILLON, WILLIAM E. McCARTHY & RANDALL T. ENG, JJ.

(Ind. No. 10461/00)

DECISION & ORDER

ORDERED that the order is affirmed insofar as appealed from.

The Supreme Court correctly denied that branch of the defendant's motion which was, in effect, to be resentenced as a Class A-II felony offender pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738; hereinafter the 2004 DLRA). Contrary to the defendant's contention, the 2004 DLRA does not permit the court to disturb the underlying Class A-I felony conviction (see People v Quinones, 22 AD3d 218, 219).

SKELOS, J.P., DILLON, McCARTHY and ENG, JJ., concur.

20090113

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