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People v. Febres

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 2004
11 A.D.3d 319 (N.Y. App. Div. 2004)

Opinion

4309

October 19, 2004.

Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered September 10, 2003, convicting defendant, upon his plea of guilty, of attempted rape in the first degree, and sentencing him, as a second felony offender, to a term of 5 years with 5 years postrelease supervision, unanimously modified, on the law, to the extent of vacating the provisions for postrelease supervision and for sex offender registration and DNA databank fees, and reducing the amounts of the mandatory surcharge and crime victim assistance fees from $200 and $10 to $150 and $5, respectively, and otherwise affirmed.

Before: Tom, J.P., Lerner, Friedman, Marlow and Gonzalez, JJ.


As the People concede, since defendant committed the instant crime prior to the effective date of Penal Law § 70.45, which provided for postrelease supervision, and prior to the effective dates of amendments to Penal Law § 60.35 providing for the imposition of sex offender registration and DNA databank fees, and increasing the mandatory surcharge and crime victim assistance fees, defendant's sentence is unlawful to the extent indicated.


Summaries of

People v. Febres

Appellate Division of the Supreme Court of New York, First Department
Oct 19, 2004
11 A.D.3d 319 (N.Y. App. Div. 2004)
Case details for

People v. Febres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS FEBRES…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 19, 2004

Citations

11 A.D.3d 319 (N.Y. App. Div. 2004)
783 N.Y.S.2d 545

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