Appeal from a judgment of the Supreme Court, Monroe County (Francis A. Affronti, J.), rendered August 9, 2011. The judgment convicted defendant as a juvenile offender, upon a jury verdict, of criminal sexual act in the first degree and burglary in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the surcharge and DNA data bank fee and as modified the judgment is affirmed.
Memorandum:...
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