| People v Sevencan |
| 2009 NY Slip Op 00416 [58 AD3d 761] |
| January 20, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v SalihSevencan, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz ofcounsel), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Guzman, J.),dated April 26, 2006, which, after a hearing, specified and informed him that the court wouldimpose three determinate prison terms of 20 years, two to be served consecutively with eachother and one to be served concurrently with the other two, and a period of postreleasesupervision of five years, upon his conviction of criminal sale of a controlled substance in thefirst degree (three counts), in the event of a resentence pursuant to the Drug Law Reform Act of2004 (L 2004, ch 738, § 23).
Ordered that the order is affirmed, and the matter is remitted to the Supreme Court, KingsCounty, to afford the defendant an opportunity to withdraw his application for resentencingbefore any resentence is imposed.
The proposed resentence was not excessive (see People v Gonzalez, 53 AD3d 507 [2008]; People v Schreter, 50 AD3d 930[2008]; People v Love, 46 AD3d919, 921-922 [2007]; People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contentions, including those raised in his supplemental pro sebrief, are without merit.
Pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), we remit thismatter to the Supreme Court, Kings County, to afford the defendant an opportunity to withdrawhis application for [*2]resentencing before any resentence isimposed. Rivera, J.P., Santucci, Carni and Dickerson, JJ., concur.