People v. Tolentino (34 A.D.3d 331, 2006)

Judgment, Supreme Court, New York County (Brenda Soloff, J.), rendered March 3, 2004, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of V-fa to 3 years, unanimously affirmed.

Defendant’s argument for a sentence reduction under the Drug Law Reform Act (L 2004, ch 738) is without merit (People v Utsey, 7 NY3d 398 [2006]). Concur—Friedman, J.E, Williams, Gonzalez, Sweeny and McGuire, JJ.