Opinion
No. 3077.
March 13, 2008.
Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered on or about June 26, 2006, resentencing defendant upon his conviction of criminal possession of a controlled substance in the second degree to a term of 5½ years, consecutive to his sentence upon his conviction of conspiracy in the second degree, and denying resentencing upon the conspiracy conviction, unanimously affirmed.
Andrea Risoli, New York, for appellant.
Robert M. Morgenthau, District Attorney, New York (Frank Glaser of counsel), for respondent.
Before: Saxe, J.P., Gonzalez, Buckley and Acosta, JJ.
The court properly exercised its discretion in reducing defendant's sentence of six years to life to 5½ years pursuant to the Drug Law Reform Act (L 2005, ch 643), and we perceive no basis for reducing the sentence any further. The Act does not apply to defendant's conspiracy conviction ( People v Anonymous, 43 AD3d 806). On this appeal, defendant may not challenge the validity of the underlying judgment of conviction, which, we note, has already been affirmed ( 12 AD3d 268, lv denied 4 NY3d 828).