| People v Watts |
| 2009 NY Slip Op 00235 [58 AD3d 648] |
| January 13, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Herbert Watts, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Joyce Slevin, andMaria Park of counsel), for respondent.
Appeal by the defendant, as limited by his brief, from so much of an order of the SupremeCourt, Kings County (DiMango, J.), dated November 21, 2005, as denied that branch of hismotion which was, in effect, to be resentenced as a class A-II felony offender pursuant to theDrug Law Reform Act of 2004 (L 2004, ch 738).
Ordered that the order is affirmed insofar as appealed from.
The Supreme Court correctly denied that branch of the defendant's motion which was, ineffect, to be resentenced as a class A-II felony offender pursuant to the Drug Law Reform Act of2004 (L 2004, ch 738; hereinafter the 2004 DLRA). Contrary to the defendant's contention, the2004 DLRA does not permit the court to disturb the underlying class A-I felony conviction (see People v Quinones, 22 AD3d218, 219 [2005]). Skelos, J.P., Dillon, McCarthy and Eng, JJ., concur. [See 10 Misc3d 1052(A), 2005 NY Slip Op 51923(U).]