People v. Zippo

Appeal from a judgment of the County Court of Franklin County (Main, Jr, J.), rendered April 4, 2005, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fifth degree.

Defendant pleaded guilty to criminal possession of a controlled substance in the fifth degree and was sentenced as a second felony offender to a prison term of 21fe to 5 years. He appeals, asserting that the Rockefeller Drug Law Reform Act (see L 2004, ch 738), which was signed into law after he was arrested but before he was sentenced, should apply retroactively to…