30 A.D.3d 302 816 N.Y.S.2d 681

The People of the State of New York, Respondent, v Jose Ventura, Appellant.

[816 NYS2d 681]

Judgment, Supreme Court, Bronx County (Efrain Alvarado, J., at original plea; Seth L. Marvin, J., at subsequent plea and sentence), rendered February 4, 2005, convicting defendant of criminal sale of a controlled substance in the fourth degree, and sentencing him to a term of 3V2 to 7 years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

We perceive no basis for reducing the sentence. As the People concede, since the crime was committed prior to the effective date of the legislation (Penal Law § 60.35 [1] [a] [v] [former (1) (e)]), providing for the imposition of a DNA databank fee, that fee should not have been imposed. Concur—Tom, J.P, Friedman, Sullivan, Catterson and Malone, JJ.

People v. Ventura
30 A.D.3d 302 816 N.Y.S.2d 681

Case Details

Name
People v. Ventura
Decision Date
Jun 22, 2006
Citations

30 A.D.3d 302

816 N.Y.S.2d 681

Jurisdiction
New York

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!