People v. Harrison

29 A.D.3d 457, 814 N.Y.S.2d 870

Opinion

Judgment of resentence, Supreme Court, New York County (Charles Solomon, J.), rendered July 29, 2005, resentencing defendant, upon his conviction after a jury trial of criminal possession of a controlled substance in the first degree, as a second felony offender, to a term of 12V2 years, unanimously affirmed.

Defendant’s argument that he is entitled to reduction of his conviction to second-degree possession based on the change in the applicable weight requirement for first-degree possession under pertinent sections of the Drug Law Reform Act (L 2004, ch 738, §§ 21-22) is meritless (People v Quinones, 22 AD3d 218 [2005], lv denied 6 NY3d 817 [2006]; see also People v Nelson, 21 AD3d 861 [2005], lv granted 6 NY3d 757 [2005]). Defendant’s constitutional challenge to the procedure under which he was adjudicated a second felony offender is also without merit (see Almendarez-Torres v United States, 523 US 224 [1998]). We perceive no basis for reducing defendant’s new sentence. Concur—Buckley, P.J., Andrias, Marlow, Nardelli and Catterson, JJ.