SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
June 29, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ONACIMO BENITEZ-FERNANDEZ, DEFENDANT-APPELLANT. (APPEAL NO. 2.)
Appeal from an order of the Onondaga County Court (William D. Walsh, J.), entered July 6, 2010 pursuant to the 2009 Drug Law Reform Act.
People v Benitez-fernandez
Appellate Division, Fourth Department
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.
Decided on June 29, 2012
PRESENT: SMITH, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ.
The order denied defendant's application to be resentenced upon his conviction of criminal sale of a controlled substance in the third degree.
It is hereby ORDERED that the order so appealed from is unanimously affirmed.
Same Memorandum as in People v Benitez-Fernandez ([appeal No. 1] ___ AD3d ___ [June 29, 2012]). Entered: June 29, 2012 Frances E. Cafarell Clerk of the Court
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