People v Rivera, 2011 NY Slip Op 09008 [90 AD3d 510]

Dcmbr 15, 2011

Appellate Division, First Department

— [*1]

Steven Banks, The Legal Aid Society, New York (Heidi Bota of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jason S. Whitehead of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Laura Safer-Espinoza, J.), rendered June 30, 2009, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.

The court correctly sentenced defendant according to the law in effect in 2000, when the crime was committed. CPL 440.46 deals only with resentencing applications, not the initial imposition of sentence; in any event, that provision did not become effective until October 7, 2009, which was after defendant’s sentencing. Since defendant received the minimum sentence permitted by law, we have no authority to reduce that sentence as a matter of discretion in the interest of justice ( see CPL 470.20 [6]). Concur—Saxe, J.P., Sweeny, Acosta, DeGrasse and Abdus-Salaam, JJ..