People v. Rosavong

Summary

The New York Appellate Division, First Department modified Anthony Rosavong's judgment by striking the probation condition requiring payment of a surcharge and fees, and otherwise affirmed his conviction and sentence. The court rejected or declined to reach challenges concerning New York's firearm licensing scheme, the statutory good-moral-character requirement, and other probation conditions.

Holdings

1. Defendant's valid waiver of his right to appeal foreclosed review of his excessive-sentence claim.
2. The appeal waiver did not foreclose defendant's Second Amendment claim, and defendant had standing to challenge New York's firearm licensing scheme even though he had never applied for a firearm license.
3. Defendant failed to establish that the indictment was unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen.
4. Defendant's challenge to Penal Law § 400.00(1)(b)'s good-moral-character provision was unpreserved, and the court declined to review it in the interest of justice; alternatively, the challenge was unavailing.
5. Defendant was not deprived of the effective assistance of counsel by counsel's failure to challenge the good-moral-character provision.
6. Challenges to probation conditions as not reasonably related to rehabilitation survived defendant's valid appeal waiver and did not require preservation. Conditions requiring defendant to avoid injurious or vicious habits, unlawful or disreputable places, and disreputable people, as well as conditions concerning drug or alcohol testing or treatment, were properly imposed.
7. Defendant's valid appeal waiver foreclosed review of his as-applied challenge to Condition No. 7 under the First, Fifth, and Fourteenth Amendments; in any event, the claim was unpreserved and was not reviewed in the interest of justice.
8. The probation condition requiring payment of the mandatory surcharge and other fees had to be stricken because it 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 valid waiver of the right to appeal foreclosed review of his excessive-sentence claim.
2. Whether defendant's appeal waiver barred review of his Second Amendment challenge to New York's firearm licensing scheme and whether he had standing despite never applying for a firearm license.
3. Whether defendant established that the indictment was unconstitutional under New York State Rifle & Pistol Assn., Inc. v. Bruen.
4. Whether defendant's challenge to New York's good-moral-character licensing provision was preserved and meritorious.
5. Whether counsel was ineffective for failing to challenge the good-moral-character provision.
6. Whether the challenged probation conditions were reasonably related to rehabilitation or necessary to ensure that defendant would lead a law-abiding life.
7. Whether the condition requiring payment of the mandatory surcharge and fees should be stricken.

Disposition

affirmed