People v. Barclay

• Decision Date: 26 April 2013
• Parties: The PEOPLE of the State of New York, Respondent, v. Dylan BARCLAY, Also Known As Dylan A. Barclay, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

105 A.D.3d 1456
963 N.Y.S.2d 915
2013 N.Y. Slip Op. 02975

The PEOPLE of the State of New York, Respondent,
v.
Dylan BARCLAY, Also Known As Dylan A. Barclay, Defendant–Appellant.

Supreme Court, Appellate Division, Fourth Department, New York.

April 26, 2013.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered August 26, 2011. The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in the first degree.
Bridget L. Field, Rochester, for Defendant–Appellant.

MEMORANDUM:

[105 A.D.3d 1457]On appeal from a judgment convicting him as a juvenile offender upon his guilty plea of criminal sexual act in the first degree (Penal Law § 130.50[1] ), defendant contends that his bargained-for sentence of imprisonment of 2 to 6 years is unduly harsh and severe and that County Court erred in directing him to pay a DNA databank fee, a sex offender registration fee, and a supplemental sex offender victim fee. Based on our review of the record, we conclude that there is no basis for modifying the sentence of imprisonment as a matter of discretion in the interest of justice ( see CPL 470.15[3][c] ). We conclude, however, that the fees imposed must be vacated because defendant was sentenced as a juvenile offender ( seePenal Law §§ 60.00[2]; 60.10; People v. Stump, 100 A.D.3d 1457, 1458, 953 N.Y.S.2d 441). We therefore modify the judgment accordingly.

It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the DNA databank fee, sex...