| People v Morrison |
| 2008 NY Slip Op 01413 [48 AD3d 288] |
| February 14, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Luther Morrison, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Efrain Alvarado, J., at plea; Seth Marvin, J., atsentence), rendered June 2, 2006, convicting defendant of criminal sale of a controlled substancein the fifth degree, and sentencing him, as a second felony offender, to a term of 2½ to 5years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, andotherwise affirmed.
At the first of two plea proceedings, defendant made a valid waiver of his right to appeal aspart of the plea agreement (see People vLopez, 6 NY3d 248, 255-256 [2006]). As defendant expressly acknowledged, thesecond proceeding incorporated by reference the minutes of the prior proceeding. Accordingly,defendant's waiver forecloses his present claim that his sentence was excessive (see People v Givens, 36 AD3d 454[2007], lv denied 8 NY3d 922 [2007]). In any event, we find no basis to reduce hissentence.
As the People concede, since the crime was committed prior to the effective date of thelegislation providing for the imposition of a DNA databank fee, that fee should not have beenimposed. Concur—Andrias, J.P., Friedman, Sweeny and Moskowitz, JJ.