Ordered that the judgment is modified, on the law, by vacating so much of the sentence as imposed a DNA data bank fee and separately imposed a mandatory surcharge and crime victims' assistance fee in the total sum of $270; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing on the matter of the imposition of the appropriate mandatory surcharge and crime victims' assistance fee.
Contrary to the...
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