PEOPLE v. SEVENCAN

Ordered that the order is affirmed, and the matter is remitted to the Supreme Court, Kings County, to afford the defendant an opportunity to withdraw his application for resentencing before any resentence is imposed.

The proposed resentence was not excessive ( see People v Gonzalez, 53 AD3d 507; People v Schreter, 50 AD3d 930; People v Love, 46 AD3d 919, 921-922; People v Suitte, 90 AD2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

Pursuant to the Drug Law Reform Act of 2004 (L 2004, ch 738, § 23), we remit this matter to the Supreme Court, Kings County, to afford the defendant an opportunity to withdraw his application for resentencing before any resentence is imposed.