Legal Opinion
People v. Nelson
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2005PublishedCited by 48 opinions
1Opinion of the Court
*862Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered February 4, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
The court properly sentenced defendant under the law applicable at the time of the crime. Defendant, who committed this crime before the effective date of the Drug Law Reform Act (L 2004, ch 738) but was sentenced after that date, seeks to invoke the amelioration doctrine of People v Behlog (74 NY2d…
2Cases cited4 opinions
- People v. BehlogNew York Court of Appeals · 1989
- People v. FestoAppellate Division of the Supreme Court of the State of New York · 1983
- People v. FestoNew York Court of Appeals · 1983
- People v. DentonNew York Supreme Court · 2005
3Cited by48 opinions
- People v. GoodeAppellate Division of the Supreme Court of the State of New York · 2006
- People v. SylvainAppellate Division of the Supreme Court of the State of New York · 2006
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 2006
- People v. TorresAppellate Division of the Supreme Court of the State of New York · 2006
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
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