People v. Narvaez

Appellate Division of the Supreme Court of New York

People v. Narvaez

21 A.D.3d 817, 800 N.Y.S.2d 842

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

DecidedSeptember 20, 2005

StatusPublished

This text of 21 A.D.3d 817 (People v. Narvaez) 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. Narvaez, 21 A.D.3d 817, 800 N.Y.S.2d 842 (N.Y. Ct. App. 2005).

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Opinion

Judgment Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 10, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, and imposing, inter alia, a DNA databank fee of $50, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

As the Feople concede, since the crime was committed prior to the effective date of the legislation (Fenal 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— Friedman, J.P., Marlow, Gonzalez and Catterson, JJ.

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Judgment Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 10, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, and imposing, inter alia, a DNA databank fee of $50, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.

As the Feople concede, since the crime was committed prior to the effective date of the legislation (Fenal 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— Friedman, J.P., Marlow, Gonzalez and Catterson, JJ.

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Bluebook (online)

21 A.D.3d 817, 800 N.Y.S.2d 842, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-narvaez-nyappdiv-2005.