| People v Strohman |
| 2007 NY Slip Op 10230 [46 AD3d 1373] |
| December 21, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v HenryStrohman, Appellant. |
—[*1] Andrew M. Cuomo, Attorney General, Albany (Lisa Fleischmann of counsel), forrespondent.
Appeal from an order of the Onondaga County Court (William D. Walsh, J.), entered June21, 2006 pursuant to the 2005 Drug Law Reform Act. The order, among other things, granteddefendant's application for resentencing upon defendant's 2004 conviction of criminal possessionof a controlled substance in the second degree.
It is hereby ordered that the order so appealed from be and the same hereby is unanimouslyreversed on the law and the matter is remitted to Onondaga County Court for further proceedingsin accordance with the following memorandum: Defendant appeals from an order entered uponhis application to be resentenced pursuant to the 2005 Drug Law Reform Act ([DLRA-2] L 2005,ch 643, § 1) upon his conviction in 2004 of criminal possession of a controlled substancein the second degree (Penal Law § 220.18 [former (1)]). Defendant's contentions are thesame as those raised by the defendant in People v Williams (45 AD3d 1377 [2007]) and, for reasons statedin our decision in that case, we reverse the order and remit the matter to County Court todetermine defendant's application in compliance with DLRA-2. Present—Scudder, P.J.,Hurlbutt, Gorski, Centra and Pine, JJ.