OPINION OF THE COURT
MEMORANDUM.
Ordered that the judgment of conviction is modified, as a matter of discretion in the interest of justice, by vacating the imposition of the mandatory DNA databank fee; as so modified, the judgment of conviction is affirmed.
Defendant pleaded guilty to criminal trespass in the third degree (Penal Law § 140.10[a]) in satisfaction of an accusatory instrument which had also charged him with criminal possession of...
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