| People v Feliciano |
| 2011 NY Slip Op 04268 [84 AD3d 1113] |
| May 17, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Wilfredo Feliciano, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel; Gamaliel Marrero on the brief), for respondent.
Appeal by the defendant from an order of the Supreme Court, Kings County (Demarest, J.),entered June 25, 2010, which, after a hearing, specified and informed him that the court wouldimpose a determinate term of imprisonment of 5½ years, with three years of postreleasesupervision in the event of a resentence pursuant to CPL 440.46.
Ordered that the order is affirmed, and the matter is remitted to the Supreme Court, KingsCounty, for further proceedings in accordance herewith.
Contrary to the defendant's contention, the Supreme Court providently exercised itsdiscretion in proposing a resentence of a determinate term of imprisonment of 5½ years,with three years of postrelease supervision (see People v Tutt, 82 AD3d 1273 [2011]; People v Medina, 81 AD3d 853[2011]). In light of the defendant's extensive criminal history and his disciplinary history whileincarcerated, a lesser resentence is not warranted (see CPL 440.46 [3]; People vOverton, 86 AD3d 4 [2011] [decided herewith]; People v Tutt, 82 AD3d 1273[2011]; People v Medina, 81 AD3d853 [2011]; People vAlmanzar, 43 AD3d 825, 826 [2007]; People v Suitte, 90 AD2d 80 [1982]).Pursuant to the Drug Law Reform Act of 2009 (CPL 440.46), we remit this matter to theSupreme Court, Kings County, to afford the defendant an opportunity to withdraw his applicationfor resentencing before any resentence is imposed (see CPL 440.46 [3]; L 2004, ch 738,§ 23). Rivera, J.P., Skelos, Florio and Austin, JJ., concur.