People v Lewis, 2009 NY Slip Op 01578 [60 AD3d 425]

March 5, 2009

Appellate Division, First Department

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Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Martin J. Foncello of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered September 23, 2008, resentencing defendant to a term of five years with five years’ postrelease supervision (PRS), unanimously affirmed.

After defendant completed his prison sentence and began serving a term of PRS that was improperly imposed in the absence of an oral pronouncement at sentencing, the court conducted a resentencing proceeding ( see Correction Law § 601-d) and properly imposed PRS. We reject defendant’s double jeopardy argument, as well as his other challenges to the resentencing ( see People v Hernandez , 59 AD3d 180 [2009]). Concur—Tom, J.P., Moskowitz, Renwick and Freedman, JJ..