| People v Williams |
| 2009 NY Slip Op 00619 [59 AD3d 172] |
| February 5, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Darrell Williams, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (David M. Cohn of counsel), forrespondent.
Judgment of resentence, Supreme Court, New York County (Bruce Allen, J.), rendered June20, 2008, resentencing defendant to a term of three years with three years' postrelease supervision(PRS), unanimously affirmed.
After defendant completed his prison sentence and began serving a term of PRS that wasimproperly imposed by the Department of Correctional Services, the court conducted aresentencing proceeding (see Correction Law § 601-d) and properly imposed PRS.We reject defendant's double jeopardy argument, as well as his other challenges to theresentencing (see People v Hernandez, 59 AD3d 169 [2008] [decided herewith]).
Defendant also challenges the original sentencing court's failure to pronounce the DNAdatabank fee orally. Since this appeal is from the resentencing, which was limited to theimposition of PRS, defendant may not raise any issue regarding imposition of fees (seePeople v Williams [Ferdinand], 6 NY2d 193, 195-196 [1959]). Furthermore, defendant'soriginal appeal from the underlying judgment (26 AD3d 903 [2006], lv denied 6 NY3d899 [2006]) failed to raise any such issue. In any event, the imposition of the databank fee byway of court documents was lawful (seePeople v Harris, 51 AD3d 523 [2008], lv denied 10 NY3d 935 [2008]).Concur—Saxe, J.P., Friedman, Nardelli, Sweeny and DeGrasse, JJ.
[As corrected at the direction of the Appellate Division, First Department.]