| People v Caba |
| 2008 NY Slip Op 02210 [49 AD3d 380] |
| March 13, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Ramon Caba, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Frank Glaser of counsel), forrespondent.
Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.),rendered on or about June 26, 2006, resentencing defendant upon his conviction of criminalpossession of a controlled substance in the second degree to a term of 5½ years,consecutive to his sentence upon his conviction of conspiracy in the second degree, and denyingresentencing upon the conspiracy conviction, unanimously affirmed.
The court properly exercised its discretion in reducing defendant's sentence of six years tolife to 5½ years pursuant to the Drug Law Reform Act (L 2005, ch 643), and we perceiveno basis for reducing the sentence any further. The Act does not apply to defendant's conspiracyconviction (People v Anonymous,43 AD3d 806 [2007]). On this appeal, defendant may not challenge the validity of theunderlying judgment of conviction, which, we note, has already been affirmed (12 AD3d 268[2004], lv denied 4 NY3d 828 [2005]). Concur—Saxe, J.P., Gonzalez, Buckleyand Acosta, JJ.