| People v Uceta |
| 2007 NY Slip Op 09695 [46 AD3d 304] |
| December 11, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v FrankUceta, Also Known as Franklin Uceta, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Patrick J. Hynes of counsel), forrespondent.
Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered August12, 2005, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, andsentencing him, as a second felony offender, to a term of four years, unanimously modified, onthe law, to the extent of vacating the supplemental sex offender victim fee, and otherwiseaffirmed.
We perceive no basis for reducing the sentence.
As the People concede, since the crime was committed prior to the effective date of thelegislation (Penal Law § 60.35 [1] [b]) providing for the imposition of a supplemental sexoffender victim fee, that fee should not have been imposed. Concur—Marlow, J.P.,Nardelli, Williams and McGuire, JJ.