—[*1] Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Eunice Y. Lee of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Marrus, J.), imposed July 21, 2010, upon his conviction of criminal possession of a weapon in the second degree, upon a jury verdict, after remittitur from this Court for resentencing (see People v Pacquette, 73 AD3d 1088 [2010], affd 17 NY3d 87 [2011]), the resentence being a determinate term of imprisonment of 15 years followed by a five-year period of postrelease supervision.

Ordered that the resentence is modified, as a matter of discretion in the interest of justice, by reducing the resentence imposed from a determinate term of imprisonment of 15 years followed by a five-year period of postrelease supervision to a determinate term of imprisonment of 10 years followed by a five-year period of postrelease supervision.

The defendant's contention that the Supreme Court improperly considered a charge of which he was acquitted as a basis for imposing resentence is without merit (see People v Khan, 89 AD3d 750, 751 [2011]; People v Morgan, 27 AD3d 579, 580 [2006]; People v Robinson, 250 AD2d 629 [1998]). However, under the circumstances of this case, the resentence imposed was excessive to the extent indicated (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Chambers, Hall and Lott, JJ., concur.