DNA Databank Fees

The Appellate Division, Fourth Department has repeatedly recognized that the statutes (see Executive Law § 995 [7]; Penal Law § 60.35 [1] [a] [v])creating the DNA databank fee did not provide for the imposing of such fees for offenses committed prior to the effective dates of those statutes. Furthermore, the Court has exercised its interest of justice jurisdiction to modify judgments to eliminate improperly imposed DNA fees even where counsel failed to timely object. (People v McCullen, 63 AD3d 1708 [4th Dept 2009]; People v Cooper, 2010 NY Slip Op 06973 [4th Dept 10/01/10]).

Thus, even where trial counsel did not object to the imposition of DNA fees, appellate counsel needs to check to insure that the DNA fees were properly imposed.