People v. Abreu

Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered March 21, 2005, resentencing *337defendant, 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.

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 [1989]) and the new…