People v. Carter

Appeal from an order of the Erie County Court (Timothy J. Drury, J.), entered August 30, 2006 pursuant to the 2005 Drug Law Reform Act. The order granted defendant’s application for resentencing upon defendant’s 2005 conviction of criminal possession of a controlled substance in the second degree.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: Defendant contends that, upon granting his application for resentencing pursuant to the 2005 Drug Law Reform Act (L 2005, ch 643, § 1), County Court offered a new sentence that was unduly harsh and severe. He…