People v Camble
2005 NY Slip Op 03124 [17 AD3d 235]
April 21, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 22, 2005
People v Tasha Camble
The People of the State of New York, Respondent,
Tasha Camble, Also Known as Tasha Campbell, Also Known as Bernice Keys, Also Known as Raquel Wallace, Appellant.
Judgments, Supreme Court, Bronx County (Robert L. Cohen, J., at pleas; John P. Collins, J., at sentence), rendered August 14, 2003 and September 23, 2003, convicting defendant, upon her pleas of guilty, of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree, and criminal sale of a controlled substance in or near school grounds, and sentencing her, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the sentences and remanding for resentencing, and otherwise affirmed.
The People did not file a predicate felony statement and the court never adjudicated defendant a second felony offender. Under the circumstances of this case, we conclude that a remand for resentencing is warranted in the interest of justice (compare People v Bouyea, 64 NY2d 1140 ). We further note and, as the People concede, since the crimes for which the DNA databank fee was imposed were committed before the effective date of the legislation (Penal Law § 60.35  [e]) providing for the imposition of such fees, that fee should not have been imposed. Concur—Saxe, J.P., Marlow, Ellerin, Nardelli and Sweeny, JJ.