| People v Rivera |
| 2020 NY Slip Op 02724 [183 AD3d 415] |
| May 7, 2020 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Joel Rivera, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel),for appellant.
Darcel D. Clark, District Attorney, Bronx (Matthew B. White of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered February14, 2018, as amended February 15, 2018, convicting defendant, upon his plea of guilty,of rape in the first degree, and sentencing him to a term of 10 years, unanimouslymodified, on the law, to the extent of vacating the DNA databank fee, the sex offenderregistration fee and the supplemental sex offender fee, and reducing the mandatorysurcharge and crime victim assistance fees to $200 and $10, respectively, and amendingthe sentence and commitment sheet to reflect the correct statute of conviction, Penal Law§ 130.35 (1), and otherwise affirmed.
We perceive no basis for reducing the sentence. However, as the People concede, thefees should be reduced or vacated as indicated, in accordance with the sentencing laws ineffect in 2002 when the crime was committed. In addition, the parties agree that thecommitment sheet should be amended to the extent indicated to correct a clerical error.Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, JJ.