Opinion
6525.
September 20, 2005.
Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 10, 2004, convicting defendant, upon his plea of guilty, 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, and imposing, inter alia, a DNA databank fee of $50, 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 (Carol A. Zeldin of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Eldar Mayouhas of counsel), for respondent.
Before: Friedman, J.P., Marlow, Gonzalez and Catterson, JJ.
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.