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PEOPLE v. COOPER

2009-03525.

88 A.D.3d 1009 (2011)

931 N.Y.S.2d 346

2011 NY Slip Op 7649

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLARENCE COOPER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 25, 2011.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court did not err in imposing a $50 DNA databank fee at the time of sentencing. Penal Law § 60.35 provides, in pertinent part:

"1. (a) ... whenever proceedings in an administrative tribunal or a court of this state result in a conviction for a felony, a misdemeanor, or a violation ... there shall be levied at sentencing...

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