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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES QUAIL, Appellant.

The court's verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence disproved defendant's justification defense beyond a reasonable doubt.

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 [a] [v] [former (1) (e)]) providing for the imposition of a DNA databank fee, that fee should not have been imposed.

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PEOPLE v. QUAIL
(Oct 11, 2005)