People v. Kelly

Appeal by the defendant from a resentence of the Supreme Court, Kings County (Carroll, J.), imposed March 19, 2010, pursuant to CPL 440.46, upon his conviction of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, which *820sentence was originally imposed, upon a jury verdict, on December 16, 1997.

Ordered that the resentence is affirmed.

The Supreme Court providently exercised its discretion in resentencing the defendant to a determinate term of imprisonment of nine years with three years of postrelease…