Opinion
8789.
June 15, 2006.
Judgment of resentence, Supreme Court, New York County (Bernard J. Fried, J.), rendered July 12, 2005, resentencing defendant, upon his conviction, after a jury trial, of criminal possession of a controlled substance in the first degree, as a second felony offender, to a term of 13½ years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Laura Burde of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Ameer Benno of counsel), for respondent.
Before: Andrias, J.P., Marlow, Sweeny, McGuire and Malone, JJ., Concur.
Defendant was resentenced from a term of 15 years to life to a term of 13½ years pursuant to the Drug Law Reform Act (L 2004, ch 738). We perceive no basis for a further reduction. Defendant's argument that his conviction should be reduced to second-degree possession is without merit ( People v. Quinones, 22 AD3d 218, lv denied 6 NY3d 817; People v. Nelson, 21 AD3d 861, lv granted 6 NY3d 757), as is his constitutional challenge to the procedure under which he was sentenced as a second felony offender ( Almendarez-Torres v. United States, 523 US 224).