People v Marrero |
2007 NY Slip Op 05594 [41 AD3d 1091] |
June 28, 2007 |
Appellate Division, Third Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Manuel Marrero, Also Known as Manulo, Appellant. |
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Stephen F. Lungen, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.
In accordance with this Court's decision on defendant's prior appeal (30 AD3d 637 [2006]), County Court sentenced defendant to 7� years to life in prison. During the pendency of that appeal, defendant filed an application for resentencing under the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1), which County Court granted and resentenced defendant to a prison term of nine years to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. In light of defendant's status as a second felony drug offender, his resentence to a prison term of nine years was within the permissible statutory range (see Penal Law § 70.71 [3] [b] [ii]), and we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence imposed (see People v Lerario, 38 AD3d 998, 999 [2007]; People v Sawyer, 37 AD3d 858, 859 [2007]).
Mercure, J.P., Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the judgment is affirmed.