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PEOPLE v. COMFORT

56 A.D.3d 1217 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY COMFORT, Appellant.

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

November 14, 2008.

Memorandum:

Defendant appeals from an order that denied his application for resentencing pursuant to the 2004 Drug Law Reform Act ([DLRA-1] L 2004, ch 738, § 23) upon his 1982 conviction of one count each 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). We agree with defendant that the crimes of which he was acquitted should not be considered...

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