People v. Joseph

30 A.D.3d 248, 816 N.Y.S.2d 349

Opinion

Judgment of resentence, Supreme Court, New York County (Bernard J. Fried, J.), rendered July 12, 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 13V2 years, unanimously affirmed.

Defendant was resentenced from a term of 15 years to life to a term of 13V2 years pursuant to the Drug Law Reform Act (L 2004, ch 738). We perceive no basis for a further reduction. Defendant’s argument that his conviction should be reduced to second-degree possession is without merit (People v Quinones, 22 AD3d 218 [2005], lv denied 6 NY3d 817 [2006]; People v Nelson, 21 AD3d 861 [2005], Lv granted 6 NY3d 757 [2005]), as is his constitutional challenge to the procedure under which he was sentenced as a second felony offender (Almendarez-Torres v United States, 523 US 224 [1998]). Concur—Andrias, J.E, Marlow, Sweeny, McGuire and Malone, JJ.