Summary
This Appellate Division, First Department decision reviews a Bronx County Supreme Court judgment convicting Jacob Alvarez of attempted criminal possession of a weapon in the second degree following a guilty plea. The court addresses the defendant's waived right to appeal, including claims regarding excessive sentencing and a Second Amendment challenge, while exercising its discretion in the interest of justice to modify the sentence. Specifically, the court strikes a probation condition barring the defendant from using public transportation as unrelated to rehabilitation and vacates imposed surcharges and fees. The remainder of the judgment is affirmed.
Topics
Practice areas
Questions Presented
- Whether the probation condition prohibiting use of public transportation is valid.
- Whether the defendant has standing to challenge Penal Law §265.01 and its constitutionality under Bruen.
- Whether the surcharge and fees imposed at sentencing should be vacated.
Holdings
- Defendant lacks standing to challenge Penal Law §265.01 and its constitutionality.
- The probation condition is not reasonably related to rehabilitation and is therefore improper.
- The surcharge and fees are vacated.
Key quotations
“[r]efrain from using or entering any Metropolitan Transportation Authority subway, train, bus, or other conveyance or facility for a period of up to three years.” (at 1)
Factual background
Jacob Alvarez pleaded guilty to attempted criminal possession of a weapon in the second degree. He was sentenced to five years' probation, with a condition barring him from using any Metropolitan Transportation Authority subway, train, bus, or other conveyance for up to three years, and was assessed surcharge and fees.
Procedural history
The Supreme Court, Bronx County convicted the defendant of attempted criminal possession of a weapon in the second degree, sentenced him to five years' probation with a condition prohibiting use of MTA transportation for up to three years, and imposed surcharge and fees. The defendant pleaded guilty, waived his right to appeal, and appealed the probation condition and surcharge.