It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the DNA databank fee and as modified the judgment is affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). Contrary to the contention of defendant, the plea colloquy establishes that his waiver of the right to appeal was voluntarily...
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