The People, etc., respondent, v. Carlos Kelly, appellant. (2011)

Submitted—May 20, 2011

DECISION & ORDER

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Carroll, J.), imposed March 19, 2010, pursuant to CPL 440.46, upon his conviction of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, which sentence was originally imposed, upon a jury verdict, on December 16, 1997.

ORDERED that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of nine years with three years of postrelease supervision on the conviction of criminal possession of a controlled substance in the third degree, and a concurrent determinate term of imprisonment of five years with three years of postrelease supervision on the conviction of criminal possession of a controlled substance in the fourth degree (see People v. Newton, 48 AD3d 115, 119–120).   Under the circumstances of this case, a reduction of the resentence is not warranted (see People v. Tutt, 82 AD3d 1273;  People v. Almanzar, 43 AD3d 825, 826;  People v. Suitte, 90 A.D.2d 80).

RIVERA, J.P., SKELOS, HALL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court