PEOPLE v. CAMBLE (2005)

Judgments, Supreme Court, Bronx County (Robert L. Cohen, J. at pleas;  John P. Collins, J. at sentence), rendered August 14, 2003 and September 23, 2003, convicting defendant, upon her pleas of guilty, of criminal sale of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree, and criminal sale of a controlled substance in or near school grounds, and sentencing her, as a second felony offender, to concurrent terms of 4 1/212 to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of vacating the sentences and remanding for resentencing, and otherwise affirmed.

The People did not file a predicate felony statement and the court never adjudicated defendant a second felony offender.   Under the circumstances of this case, we conclude that a remand for resentencing is warranted in the interest of justice (compare People v. Bouyea, 64 N.Y.2d 1140, 490 N.Y.S.2d 724, 480 N.E.2d 338 [1985] ).   We further note and, as the People concede, since the crimes for which the DNA databank fee was imposed were committed before the effective date of the legislation (Penal Law § 60.35[1][e] ) providing for the imposition of such fees, that fee should not have been imposed.