People v Christensen
2006 NY Slip Op 09523 [35 AD3d 279]
December 19, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 14, 2007


The People of the State of New York, Respondent,
v
Michael Christensen, Appellant.

[*1]Judgment, Supreme Court, New York County (Renee A. White, J.), rendered February 15, 2005, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him, as a second child sexual assault felony offender, to a term of eight years, unanimously modified, on the law, to the extent of vacating the supplemental sex offender fee, and otherwise affirmed.

We perceive no basis for reducing the sentence.

As the People concede, since the crime was committed prior to the effective date of the legislation (Penal Law § 60.35 [1] [b]), providing for the imposition of a supplemental sex offender fee, that fee should not have been imposed. Concur—Saxe, J.P., Sullivan, Nardelli, Sweeny and Malone, JJ.