—[*1] Robert S. Dean, Center for Appellate Litigation, New York City (Abigail Everett of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin Foncello of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Roger S. Hayes, J.), rendered September 15, 2006, resentencing defendant, as a second felony offender, upon his conviction of attempted criminal possession of a controlled substance in the second degree, to a term of 12 years to be followed by a period of five years' postrelease supervision, unanimously affirmed.

We perceive no basis for reducing the proposed sentence. We have considered and rejected defendant's arguments for additional leniency. Concur—Lippman, P.J., Friedman, Gonzalez and Catterson, JJ.

Reargument granted and, upon reargument, the decision and order of this Court, entered on November 27, 2007 (45 AD3d 458 [2007]), recalled and vacated and a new decision and order substituted therefor.