People v Grant
2013 NY Slip Op 06383 [110 AD3d 738]
October 2, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


The People of the State of New York, Respondent,
v
Ernest Grant, Appellant.

[*1] Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Claibourne I. Henry of counsel), for respondent.

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Ruchelsman, J.), imposed October 27, 2011, pursuant to the Drug Law Reform Act of 2009, codified in CPL 440.46, resentencing him to a determinate term of imprisonment of 15 years, to be followed by a period of postrelease supervision of 3 years, upon his conviction of criminal sale of a controlled substance in the third degree.

Ordered that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of 15 years, to be followed by a period of postrelease supervision of three years (see Penal Law §§ 70.70 [4] [b] [i]; 70.45 [2] [d]). In view of the defendant's disciplinary history while incarcerated, his past criminal record, and his history of committing crimes while on parole, a further reduction of the defendant's sentence is not warranted (see CPL 440.46 [3]; People v Medina, 81 AD3d 853 [2011]; People v Almanzar, 43 AD3d 825 [2007]; People v Newton, 48 AD3d 115 [2007]; see also People v Overton, 86 AD3d 4 [2011]). Skelos, J.P., Balkin, Austin and Sgroi, JJ., concur.