People v Saunders

People v Saunders 2007 NY Slip Op 02486 [38 AD3d 394] March 22, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent,
v
Troy Saunders, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Christina Graves of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Vincenzo S. Lippiello of counsel), for respondent.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered June 15, 2005, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of eight years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

We perceive no basis for reducing the sentence.

As the People concede, since the crime was committed prior to the effective date of the legislation (Penal Law § 60.35 [1] [a] [v] [former (1) (e)]), providing for the imposition of a DNA databank fee, that fee should not have been imposed. Concur—Friedman, J.P., Nardelli, Sweeny, McGuire and Malone, JJ.