People v. Clarke

Judgment of the Supreme Court, Bronx County (McNab, J.), rendered August 16, 1982, convicting defendant, upon a plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to an indeterminate term of imprisonment of from ÍV2 to 3 years, and imposing a penalty assessment of $75 pursuant to Penal Law § 60.35, is modified, on the law, to reverse and vacate the imposition of the $75 penalty assessment, and otherwise affirmed.

Penal Law § 60.35 became effective 30 days after April 12, 1982. Defendant committed the instant…