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PEOPLE v. CASILLA

KA 07-02080.

2008 NY Slip Op 06079

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTONIO CASILLA, DEFENDANT-APPELLANT.

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

Decided July 3, 2008.

Attorney(s) appearing for the Case

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (ROBERT P. RICKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.

ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (HANNAH STITH LONG OF COUNSEL), FOR RESPONDENT.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed.

Memorandum: Defendant moved pursuant to CPL 440.20 to set aside the sentence imposed upon his conviction of criminal possession of a controlled substance in the second degree (Penal Law former § 220.18 [1]) on the ground that County Court erred in sentencing him as an A-I felony offender, rather than as an A-II felony offender. In addition, he sought a reduction of his sentence based on his minor...

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