People v. Cruz (40 A.D.3d 441, 2007)

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered April 8, 2005, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 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.R, Saxe, Williams, Gonzalez and Kavanagh, JJ.