People v. Rodriguez

The court properly exercised its discretion in determining that substantial justice dictated denial of defendant’s motion, given defendant’s criminal history, disciplinary record while incarcerated and failure to successfully complete drug treatment for drug abuse (see People v Gonzalez, 29 AD3d 400 [2006], Iv denied 7 NY3d 867 [2006]).

Defendant also claims, and the People agree, that a DNA databank fee should not have been imposed at the time of the underlying conviction because the crime was committed prior to the effective date of the legislation providing for the imposition of the fee.…