Opinion
8460.
May 4, 2006.
Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered March 21, 2005, resentencing defendant, upon his conviction, after a jury trial, of criminal possession of a controlled substance in the first degree, to a term of 12 years, unanimously affirmed.
Laura R. Johnson, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Christopher P. Marinelli of counsel), for respondent.
Before: Tom, J.P., Mazzarelli, Marlow, Nardelli and Malone, JJ., concur.
Defendant, who was resentenced from a term of 15 years to life to a term of 12 years pursuant to the Drug Law Reform Act (L 2004, ch 738), claims he is also entitled to have his conviction reduced to second-degree possession based on the amelioration doctrine of People v. Behlog ( 74 NY2d 237) and the new law's change in the weight requirement for first-degree possession. We reject this argument, because the amelioration doctrine does not apply ( People v. Nelson, 21 AD3d 861, lv granted 6 NY3d 757), and because, even if it did apply, defendant's resentencing would not place him, for such purpose, in the posture of a person being newly sentenced ( People v. Quinones, 22 AD3d 218).
We perceive no basis for a further reduction of the sentence.