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

Defendant committed this crime before the effective date of the Drug Law Reform Act (L 2004, ch 738) but was sentenced after that date. The sentencing court erred when it invoked the amelioration doctrine of People v. Behlog ( 74 NY2d 237) to give defendant the benefit of the reduced penalty contained in the new law. We have concluded that for purposes of the Drug Law Reform Act, the Legislature intended to negate the amelioration doctrine ( People v. Nelson, 21 AD3d 861). Accordingly, we remand for resentencing in accordance with the law applicable at the time of the crime.

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PEOPLE v. SMITH
(Nov 22, 2005)