PEOPLE v. VERGARA (2006)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Fabricio VERGARA, Defendant-Appellant.

Decided: October 31, 2006

TOM, J.P., ANDRIAS, MARLOW, McGUIRE, MALONE, JJ.

Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Kayonia L. Whetstone of counsel), for respondent.

Judgment, Supreme Court, Bronx County (John G. Ingram, J.), rendered April 29, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The amelioration doctrine does not apply where, as here, a defendant was sentenced before the effective date of the Drug Law Reform Act (L. 2004, ch. 738) (People v. Utsey, 7 N.Y.3d 398, 822 N.Y.S.2d 475, 855 N.E.2d 791 [2006] ).

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