Opinion
June 23, 1997
Appeal from the County Court, Westchester County (Cowhey, J.).
Ordered that the sentence imposed February 2, 1996, is modified by reducing the crime victim assistance fee from $5 to $2; as so modified, the sentence imposed February 2, 1996, is affirmed; and it is further,
Ordered that the sentences imposed April 29, 1996, are affirmed.
The sentence imposed under Superior Court Information No. 92-00099 is not excessive ( see, People v. Suitte, 90 A.D.2d 80). However, as the People concede, the crime victim assistance fee should be reduced from $5 to $2. The amendment which increased the crime victim assistance fee from $2 to $5 applies to crimes committed on or after June 12, 1991 (L 1991, ch 166, § 370; see also, Penal Law § 60.35 [a]), and the defendant committed the crime for which sentence was imposed February 2, 1996, in May 1991.
The defendant waived her right to appeal the sentences imposed under Superior Court Information Nos. 96-00131 and 96-00210 ( see, People v. Callahan, 80 N.Y.2d 273; People v Seaberg, 74 N.Y.2d 1). In any event, the defendant's contention that the sentences were excessive is without merit ( see, People v. Kazepis, 101 A.D.2d 816).
Mangano, P.J., Bracken, O'Brien, Pizzuto and Florio, JJ., concur.