People v. Collado

Appellate Division of the Supreme Court of New York

People v. Collado

27 A.D.3d 350, 811 N.Y.S.2d 67

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 23, 2006

StatusPublished

This text of 27 A.D.3d 350 (People v. Collado) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Collado, 27 A.D.3d 350, 811 N.Y.S.2d 67 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered March 1, 2004, convicting defendant, upon her plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing her, as a second felony offender, to a term of six years to life, unanimously affirmed.

Defendant validly waived her right to appeal, which forecloses review of her present claim that her conviction should be reduced to third-degree possession based upon the change in weight requirements contained in the Drug Law Reform Act (L 2004, ch 738). Were we to find that defendant did not make a valid waiver, we would find that the amelioration doctrine of People v Behlog (74 NY2d 237 [1989]) does not apply, because the Legislature has expressly stated that the provision upon which defendant relies applies only to crimes committed after its effective date (People v Nelson, 21 AD3d 861 [2005]), and also because defendant was sentenced before the new law’s effective date (People v Walker, 81 NY2d 661, 666-667 [1993]). Concur—Tom, J.P., Friedman, Sullivan, Gonzalez and Catterson, JJ.

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Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered March 1, 2004, convicting defendant, upon her plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing her, as a second felony offender, to a term of six years to life, unanimously affirmed.

Defendant validly waived her right to appeal, which forecloses review of her present claim that her conviction should be reduced to third-degree possession based upon the change in weight requirements contained in the Drug Law Reform Act (L 2004, ch 738). Were we to find that defendant did not make a valid waiver, we would find that the amelioration doctrine of People v Behlog (74 NY2d 237 [1989]) does not apply, because the Legislature has expressly stated that the provision upon which defendant relies applies only to crimes committed after its effective date (People v Nelson, 21 AD3d 861 [2005]), and also because defendant was sentenced before the new law’s effective date (People v Walker, 81 NY2d 661, 666-667 [1993]). Concur—Tom, J.P., Friedman, Sullivan, Gonzalez and Catterson, JJ.

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Bluebook (online)

27 A.D.3d 350, 811 N.Y.S.2d 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-collado-nyappdiv-2006.

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