Opinion
No. 16847 Ind No. 01950/18 Case No. 2019-05424
12-08-2022
The People of the State of New York, Respondent, v. Felix Sosa, Defendant-Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Lena Janoda of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Lena Janoda of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Before: Kern, J.P., Gesmer, Kennedy, Scarpulla, Rodriguez, JJ.
Judgment, Supreme Court, New York County (Ellen N. Biben, J.), rendered August 5, 2019, as amended October 15 and November 21, 2019, convicting defendant, upon his plea of guilty plea, of sex trafficking, and sentencing him to a term of seven years, unanimously modified, on the law, to the extent of vacating the supplemental sex offender victim fee, and otherwise affirmed.
We perceive no basis for reducing the sentence.
As the People concede, the imposition of a supplemental sex offender victim fee should be vacated because sex trafficking is not one of the enumerated offenses for which that fee may be imposed (see Penal Law § 60.35[1][b]; People v Jackson, 134
A.D.3d 467 [1st Dept 2015], lv denied 26 N.Y.3d 1146 [2016]).THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.