People v. Rivera

Summary

The Appellate Division, First Department modified the Bronx County judgment convicting Jose C. Rivera of criminal sale of a controlled substance in the third degree and sentencing him to three years of probation. The court struck the probation condition requiring payment of $375 in surcharge and fees because Rivera was indigent and unemployed, and otherwise affirmed the judgment.

Holdings

1. A valid waiver of the right to appeal foreclosed review of defendant's excessive-sentence claim.
2. Under the particular circumstances of this case, requiring defendant to pay $375 in surcharge and fees as a condition of probation was not reasonably related to his rehabilitation and therefore had to be stricken.
3. The court found no basis to reduce the remainder of defendant's sentence.

Questions Presented

1. Whether defendant's valid waiver of the right to appeal foreclosed review of his excessive-sentence claim.
2. Whether requiring an indigent and unemployed defendant to pay $375 in surcharge and fees as a condition of probation was reasonably related to rehabilitation under Penal Law § 65.10(2)(l).
3. Whether the defendant's sentence otherwise warranted reduction.

Disposition

other