Opinion
5197
January 27, 2005.
Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J., at plea; Nicholas Iacovetta, J., at sentence), rendered December 17, 2003, convicting defendant of assault in the second degree and sentencing her, as a second felony offender, to a term of three years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.
Before: Buckley, P.J., Mazzarelli, Sullivan, Williams and Gonzalez, JJ.
As the People commendably concede, since the crime was committed before the effective date of the legislation (Penal Law § 60.35 [e]) providing for the imposition of a DNA databank fee, that fee should not have been imposed ( see People v. Reeves, 6 AD3d 231).