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

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Carlos Kelly, appellant.

2010–02906 (Ind.No. 5220 /96)

Decided: June 07, 2011

REINALDO E. RIVERA, J.P. PETER B. SKELOS L. PRISCILLA HALL LEONARD B. AUSTIN, JJ.

Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Terrence F. Heller of counsel), for respondent.

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

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