Ordered that the sentence is modified, on the law, by vacating the imposition of the DNA databank fee; as so modified, the sentence is affirmed.
As the People concede, since the crime was committed before the effective date of the legislation providing for the imposition of a DNA databank fee (see Penal Law § 60.35 [1] [a] [v]), that fee should not have been imposed by the Supreme Court herein (see People v Zsolt,
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