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People v. McCray

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 2006
27 A.D.3d 486 (N.Y. App. Div. 2006)

Opinion

2005-01164.

March 7, 2006.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered January 27, 2005, convicting her of criminal sale of a controlled substance in the third degree, upon her plea of guilty, and imposing sentence.

Michele Marte-Indzonka, Newburgh, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.

Before: Santucci, J.P., Luciano, Fisher and Covello, JJ., concur.


Ordered that the judgment is affirmed.

In the Drug Law Reform Act (L 2004, ch 738, § 41 [d-1]), the Legislature expressed its intent that, with certain exceptions not applicable herein, the ameliorative provisions of the act were not to be applied to crimes committed before the effective date of the act. The defendant's crime was committed before the effective date of the act. Accordingly, we reject the defendant's contention that she is entitled to the benefits of the ameliorative provisions of the Drug Law Reform Act ( see People v. Torres, 26 AD3d 398; People v. Goode, 25 AD3d 723; People v. Nelson, 21 AD3d 861).


Summaries of

People v. McCray

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 2006
27 A.D.3d 486 (N.Y. App. Div. 2006)
Case details for

People v. McCray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEGGY McCRAY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 7, 2006

Citations

27 A.D.3d 486 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1648
810 N.Y.S.2d 336

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