Robert S. Dean, Center for Appellate Litigation, New York (Teighlor S. Bonner of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.

Judgment, Supreme Court, Bronx County (William I. Mogulescu, J.), rendered June 27, 2018, convicting defendant of rape in the third degree, and sentencing him to a term of one to three years, unanimously modified, on the law, to the extent of vacating the supplemental sex offender fee and reducing the mandatory surcharge from $300 to $250 and the crime victim assistance fee from $25 to $20, and otherwise affirmed.

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. As the People also concede, since defendant committed the crime before the effective dates of legislation increasing the mandatory surcharge and crime victim assistance fees, defendant's sentence must be modified accordingly (see Penal Law § 60.35 [1] [a] [eff Nov. 11, 2003, to June 30, 2008]). Concur—Gische, J.P., Kern, Mazzarelli, Kennedy, JJ.