People v. Auguste

Appeal by the defendant from a resentence of the Supreme Court, Queens County (Buchter, J.), imposed October 18, 2005, after a hearing, upon his conviction of criminal possession of a controlled substance in the first degree, upon a jury verdict.

Ordered that the resentence is affirmed.

The defendant moved for resentencing under the Drug Law Reform Act of 2004 (see L 2004, ch 738, § 23). The Supreme Court granted the motion and imposed a determinate term of 15 years’ imprisonment with 5 years post-release supervision (see Penal Law § 70.71 [2] [b] [i]; § 70.45 [2]).

The resentence imposed by the…