| People v Almanzar |
| 2007 NY Slip Op 06552 [43 AD3d 825] |
| September 4, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JuanAlmanzar, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and AnneCrick of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Richmond County (Rienzi,J.), imposed March 7, 2006, upon his conviction of criminal possession of a controlled substancein the second degree, upon his plea of guilty.
Ordered that the resentence is affirmed.
The defendant appeals from his resentence upon his conviction which followed his plea ofguilty to criminal possession of a controlled substance in the second degree, in satisfaction of amulti-count indictment that included A-I felonies. The defendant pleaded guilty in exchange for apromised sentence of seven years to life imprisonment as a second felony offender. The pleaagreement anticipated a resentencing if it were determined that the defendant was eligible forsuch relief under the drug reform laws.
Thereafter, the defendant moved for resentencing under the provisions of the 2005 extensionof the Drug Law Reform Act (L 2005, ch 643, § 1). The defendant asserted that, since hehad a good record while incarcerated, including favorable evaluations for his participation ineducational and vocational programs, he should be entitled to the statutory minimum sentence ofsix years' imprisonment. The court granted the motion and imposed a determinate term of sevenyears' imprisonment (see Penal Law § 70.71 [3] [b] [ii]).
The resentence imposed was not excessive. Spolzino, J.P., Santucci, Florio and Angiolillo,JJ., concur.