PEOPLE v. QUAIL

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.