People v Maldonado, 2011 NY Slip Op 08471 [89 AD3d 594]

November 22, 2011

Appellate Division, First Department

— [*1]

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. Concur—Tom, J.P., Saxe, Sweeny, Richter and Manzanet-Daniels, JJ..