Opinion
No. 2007-00307.
July 29, 2008.
Appeal by the defendant from a resentence of the County Court, Rockland County (Bartlett, J.), rendered December 4, 2006, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), upon his plea of guilty, and imposing sentence.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Argiro Kosmetatos of counsel; Coleen A. Fortes on the brief), for respondent.
Before: Spolzino, J.P., Fisher, Carni and Dickerson, JJ.
Ordered that the resentence is affirmed.
"[S]ince the defendant received the minimum sentence permitted by law, this Court has no authority to reduce it as a matter of discretion in the interest of justice" ( People v Howard, 50 AD3d 823; see CPL 470.20; People v Wilson, 28 AD3d 796, 797; People v Muller, 294 AD2d 602).