Opinion
No. 4751.
December 4, 2008.
Order, Supreme Court, New York County (Charles H. Solomon, J.), entered on or about August 14, 2007, which denied defendant's motion to be resentenced pursuant to the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1), unanimously affirmed.
Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Before: Mazzarelli, J.P., Friedman, Gonzalez, Buckley and Sweeny, JJ.
Defendant is ineligible for resentencing. We decline defendant's invitation to revisit our holding in People v Quinones ( 49 AD3d 323, lv dismissed 10 NY3d 868), which involves the same issue raised on this appeal.