People v. Martinez (35 A.D.3d 263, 2006)

Judgment, Supreme Court, New York County (Michael E. Ambrecht, J.), rendered January 6, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

Defendant’s arguments for a reduced penalty under the Drug Law Reform Act (L 2004, ch 738) are without merit (People v Utsey, 7 NY3d 398 [2006]). Concur—Andrias, J.P., Saxe, Marlow, Nardelli and Williams, JJ.