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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS UTSEY, Appellant.

The penalty reduction provisions of the Drug Law Reform Act (L 2004, ch 738) do not apply to defendants sentenced prior to its enactment ( People v. Walker, 81 NY2d 661, 666-667), and we reject defendant's arguments to the contrary. Since defendant received the minimum sentence permitted by law, this Court has no authority to reduce it as a matter of discretion in the interest of justice (CPL 470.20).

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PEOPLE v. UTSEY
(Oct 11, 2005)