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PEOPLE v. MULLINS

13 A.D.3d 192 (2004)

785 N.Y.S.2d 910

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LENARD MULLINS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 16, 2004.

With respect to indictment number 6165/02, as the People concede, since the crime was committed before the effective date of the legislation (Penal Law § 60.35 [1] [e]) providing for the imposition of a DNA databank fee, that fee should not have been imposed (see People v Taylor, 10 A.D.3d 559 [2004]). Since this issue involves the substantive legality of the sentence, it survives defendant's waiver of his right to appeal.<...

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