Appellate Division of the Supreme Court of the State of New York October 28, 2004 (People v. Gibson)

Judgment, Supreme Court, Bronx County (John N. Byrne, J.), rendered October 22, 2003, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance on or near school grounds, and sentencing him, as a second felony offender, to a term of dJ/a to 9 years, and imposing, inter alia, a DNA databank fee of $50, unanimously modified, on the law, to the extent of vacating the