
    The People of the State of New York, Respondent, v Andre Smith, Appellant.
    [922 NYS2d 219]
   Appeal from a new sentence of the Onondaga County Court (William D. Walsh, J.), rendered January 30, 2008 imposed upon defendant’s conviction of criminal sale of a controlled substance in the second degree. Defendant was resentenced pursuant to the 2005 Drug Law Reform Act upon his 1991 conviction.

It is hereby ordered that the sentence so appealed from is unanimously affirmed. Present—Smith, J.P., Centra, Peradotto, Gorski and Martoche, JJ.  