Ordered that the sentence is modified, on the law, by vacating the imposition of the DNA databank fee; as so modified, the sentence is affirmed.
As the People concede, since the crime was committed before the effective date of the legislation providing for the imposition of a DNA databank fee ( see Penal Law § 60.35 [a] [v]), that fee should not have been imposed by the Supreme Court herein ( see People v. Zsolt, 17 AD3d 150; People v. Mullins, 13 AD3d 192; People v. Taylor, 10 AD3d 559).