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PEOPLE v. SMITH

54 A.D.3d 694 (2008)

862 N.Y.S.2d 801

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANCE SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 2, 2008.

Ordered that the order is affirmed.

The defendant committed several crimes, none of which exceeded the grade of a class B felony, before the effective date of the Drug Law Reform Act of 2004 (L 2004, ch 738 [enacted Dec. 14, 2004 and effective Jan. 13, 2005]) and therefore may not properly be resentenced pursuant to the ameliorative sentencing provisions of that enactment (see L 2004, ch 738, § 41 [d-1]; People...

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