People v Thorpe

People v Thorpe 2006 NY Slip Op 09391 [35 AD3d 265] December 14, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

The People of the State of New York, Respondent,
v
Duval Thorpe, Appellant.

—[*1]Judgment, Supreme Court, Bronx County (Lawrence H. Bernstein, J.), rendered October 15, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of 12 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—Andrias, J.P., Saxe, Marlow, Nardelli and Williams, JJ.