PEOPLE v. COMFORT (2006)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. John COMFORT, Defendant-Appellant.

Decided: February 03, 2006

PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, GORSKI, AND SMITH, JJ.

Schiano Law Office, P.C., Rochester (Charles A. Schiano, Jr., of Counsel), for Defendant-Appellant. Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of Counsel), for Plaintiff-Respondent.

Defendant appeals from a “new sentence” imposed by County Court pursuant to the Drug Law Reform Act (L. 2004, ch. 738) upon his 1986 conviction of criminal sale of a controlled substance in the first degree (Penal Law § 220.43) and criminal possession of a controlled substance in the first degree (§ 220.21), both class A-I felonies. We reject defendant's contention that the determinate term of 20 years' imprisonment imposed on the conviction of criminal sale of a controlled substance is harsh or excessive (see L. 2004, ch. 738, § 23).

It is hereby ORDERED that the sentence so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM:

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