PEOPLE v. MARRERO

In accordance with this Court's decision on defendant's prior appeal ( 30 AD3d 637), County Court sentenced defendant to 7½ years to life in prison. During the pendency of that appeal, defendant filed an application for resentencing under the Drug Law Reform Act of 2005 (L 2005, ch 643, § 1), which County Court granted and resentenced defendant to a prison term of nine years to be followed by five years of postrelease supervision. Defendant now appeals.

We affirm. In light of defendant's status as a second felony drug offender, his resentence to a prison term of nine years was within the permissible statutory range ( see Penal Law § 70.71 [b] [ii]), and we find no abuse of discretion or extraordinary circumstances warranting a reduction of the sentence imposed ( see People v Lerario, 38 AD3d 998, 999; People v Sawyer, 37 AD3d 858, 859).

Ordered that the judgment is affirmed.