People v Bladimir Henriquez

People v Henriquez 2006 NY Slip Op 05112 [30 AD3d 302] June 22, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 23, 2006

The People of the State of New York, Respondent,
v
Bladimir Henriquez, Appellant.

—[*1]Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered November 7, 2003, convicting defendant, upon his plea of guilty, of robbery in the first degree and burglary in the first degree, and sentencing him to concurrent terms of six years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

We perceive no basis for a reduction of sentence. However, 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—Tom, J.P., Friedman, Sullivan, Catterson and Malone, JJ.