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The People of the State of New York, Respondent v. Onacimo Benitez-Fernandez

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,
v.
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

20120629

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