People v. Smith

Appeal by the defendant from an order of the County Court, Nassau County (Brown, J.), dated June 22, 2006, which denied his motion for resentencing pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738).

Ordered that the order is affirmed.

The defendant committed several crimes, none of which exceeded the grade of a class B felony, before the effective date of the Drug Law Reform Act of 2004 (L 2004, ch 738 [enacted Dec. 14, 2004 and effective Jan. 13, 2005]) and therefore may not properly be resentenced pursuant to the ameliorative sentencing provisions of that enactment (see L 2004, ch…