People v. Perdomo

Summary

The Appellate Division, First Department modified Neil Perdomo's criminal judgment by striking the condition of probation requiring payment of the surcharge and other fees, and otherwise affirmed. The court upheld other probation conditions, rejected or declined to reach the defendant's challenges, and found no basis to reduce the sentence.

Holdings

1. Defendant's waiver of the right to appeal was valid and therefore foreclosed his claim that the sentence was excessive.
2. The probation condition was properly imposed because it would reasonably assist defendant in leading a law-abiding life.
3. Defendant's constitutional challenges were unpreserved, and the court declined to reach them in the interest of justice.
4. The sentencing court improperly imposed payment of the surcharge and other fees as a condition of probation because that requirement was not reasonably related to defendant's rehabilitation or necessary to ensure that he would lead a law-abiding life.

Questions Presented

1. Whether defendant's waiver of the right to appeal foreclosed his challenge to the excessiveness of his sentence.
2. Whether the probation condition requiring defendant to avoid injurious or vicious habits, unlawful or disreputable places, and disreputable people was a proper condition of probation.
3. Whether the sentencing court improperly imposed payment of the surcharge and other fees as a condition of probation.
4. Whether defendant's constitutional challenges to the challenged probation condition were preserved for appellate review.

Disposition

other