Defendant is ineligible for resentencing. We decline defendant’s invitation to revisit our holding in People v Quinones (49 AD3d 323 [2008], lv dismissed 10 NY3d 868 [2008]), which involves the same issue raised on this appeal. Concur — Mazzarelli, J.E, Friedman, Gonzalez, Buckley and Sweeny, JJ.