People v Maldonado

People v Maldonado 2011 NY Slip Op 08471 Decided on November 22, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 22, 2011
Tom, J.P., Saxe, Sweeny, Richter, Manzanet-Daniels, JJ.
6117 3952/03

[*1]The People of the State of New York, Ind. Respondent,

v

David Maldonado, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York
(Bruce D. Austern of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Thomas R.
Villecco of counsel), for respondent.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered December 10, 2009, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 15 years to life, unanimously modified, on the law, to the extent of vacating the imposition of a DNA databank fee, and otherwise affirmed.

As the People concede, the DNA databank fee should not have been imposed. The authorizing legislation became effective after the crime was committed.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 22, 2011

CLERK