Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered November 13, 2003, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 18 years, unanimously modified, on the law, to the extent of vacating the DNA databank fee, and otherwise affirmed.
The court properly denied defendant’s application to withdraw his guilty plea after a suitable inquiry in which the court considered defendant’s written submission and afforded him an
As the People concede, since the crime was committed before the effective date of the legislation (Penal Law § 60.35 [1] [e]) providing for the imposition of a DNA databank fee, that fee should not have been imposed (see People v Taylor, 10 AD3d 559 [2004]). Concur—Tom, J.P., Mazzarelli, Friedman, Gonzalez and Sweeny, JJ.