People v. Jimenez

Appellate Division of the Supreme Court of New York

People v. Jimenez

23 A.D.3d 248, 805 N.Y.S.2d 43

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 15, 2005

StatusPublished

This text of 23 A.D.3d 248 (People v. Jimenez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Jimenez, 23 A.D.3d 248, 805 N.Y.S.2d 43 (N.Y. Ct. App. 2005).

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Opinion

Judgment Supreme Court, Bronx County (John N. Byrne, J, at plea; John E Collins, J., at sentence), rendered May 20, 2004, convicting defendant of criminal sale of a controlled substance in or near school grounds, and sentencing her, as a second felony offender, to a term of 4x/2 to 9 years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

As the People concede, since the crime was committed prior to the May 15, 2003 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. Since this issue involves the substantive legality of the sentence, it survives defendant’s waiver of her right to appeal. Concur— Andrias, J.P., Sullivan, Williams and Malone, JJ.

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Judgment Supreme Court, Bronx County (John N. Byrne, J, at plea; John E Collins, J., at sentence), rendered May 20, 2004, convicting defendant of criminal sale of a controlled substance in or near school grounds, and sentencing her, as a second felony offender, to a term of 4x/2 to 9 years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

As the People concede, since the crime was committed prior to the May 15, 2003 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. Since this issue involves the substantive legality of the sentence, it survives defendant’s waiver of her right to appeal. Concur— Andrias, J.P., Sullivan, Williams and Malone, JJ.

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Bluebook (online)

23 A.D.3d 248, 805 N.Y.S.2d 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jimenez-nyappdiv-2005.

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