Opinion
2004-08532.
January 24, 2006.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Reichbach, J.), imposed August 19, 2004, upon his conviction of manslaughter in the first degree, upon his plea of guilty, the sentence being a determinate term of imprisonment of 20 years and the imposition of a mandatory surcharge of $210 and a DNA databank fee of $50.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel; Renee Anderson on the memorandum), for respondent.
Before: Prudenti, P.J., Cozier, Goldstein and Spolzino, JJ., concur.
Ordered that the sentence is modified, on the law, by vacating the imposition of the DNA databank fee; as so modified, the sentence is affirmed.
As the People concede, since the crime was committed before the effective date of the legislation providing for the imposition of a DNA databank fee ( see Penal Law § 60.35 [a] [v]), that fee should not have been imposed by the Supreme Court herein ( see People v. Zsolt, 17 AD3d 150; People v. Mullins, 13 AD3d 192; People v. Taylor, 10 AD3d 559).