People v. Smith

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered February 1, 2005, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 years, unanimously modified, on the law, to the extent of vacating the sentence and remanding to Supreme Court for resentencing in accordance with the decision herein, and otherwise affirmed.

Defendant committed this crime before the effective date of the Drug Law Reform Act (L 2004, ch 738) but was sentenced after that date. The…