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People v. Punter

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 2007
41 A.D.3d 320 (N.Y. App. Div. 2007)

Opinion

No. 1428.

June 26, 2007.

Judgment, Supreme Court, Bronx County (John N. Byrne, J., at plea; John P. Collins, J., at sentence), rendered January 26, 2006, convicting defendant of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jason S. Whitehead of counsel), for respondent.

Before: Tom, J.P., Saxe, Williams and Malone, JJ.


We perceive no basis upon which to reduce defendant's conviction to a lesser offense, since "we do not consider it appropriate to do so for the purpose of granting dispensations from mandatory sentencing statutes" ( People v Velasquez, 25 AD3d 501, lv denied 6 NY3d 854).

As the People concede, since the crime was committed prior to the effective date of the legislation (Penal Law § 60.35 [a] [v] [former (1) (e)]), providing for the imposition of a DNA databank fee, that fee should not have been imposed.


Summaries of

People v. Punter

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 2007
41 A.D.3d 320 (N.Y. App. Div. 2007)
Case details for

People v. Punter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVAUN PUNTER, Also…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 26, 2007

Citations

41 A.D.3d 320 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 5560
837 N.Y.S.2d 563