| People v Nelson |
| 2010 NY Slip Op 07788 [77 AD3d 973] |
| October 26, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Charles J. Nelson, Appellant. |
—[*1] William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.),rendered March 9, 2009, convicting him of attempted burglary in the third degree, upon his pleaof guilty, and imposing sentence.
Ordered that the judgment is affirmed.
On appeal, the defendant objects to the restitution provision of his sentence. However, sincehe failed to object at the time of sentencing, the defendant's current claims regarding theimposition of restitution are unpreserved for appellate review (see People v Toomer, 61 AD3d899 [2009]; People vPassalacqua, 43 AD3d 964 [2007]; People v Allen, 305 AD2d 421 [2003]).
The defendant also contends that the County Court should not have imposed a $50 DNAdatabank fee because he had previously provided a DNA sample pursuant to a prior felonyconviction. However, since that prior felony conviction predated the enactment of the legislationestablishing such fee (see Penal Law § 60.35, as amended by L 2003, ch 62, part F,§ 1), the County Court did not err in imposing a DNA database fee for the defendant'scurrent conviction (see People vVail, 20 AD3d 590 [2005]). Fisher, J.P., Dillon, Balkin, Chambers and Sgroi, JJ.,concur.