People v. Santiful

Summary

The Appellate Division, First Department, modified a criminal judgment by striking several probation conditions, including restrictions concerning habits, associations, employment, drug and alcohol testing, gang activity, and payment of surcharges and fees. The court otherwise affirmed, holding that the defendant’s valid appeal waiver barred review of his excessive-sentence claim and that certain constitutional challenges to probation conditions were unpreserved.

Holdings

1. A valid waiver of the right to appeal foreclosed review of defendant's claim that his sentence was excessive; independently, the court found no basis to reduce the sentence.
2. Challenges to probation conditions as unrelated to a defendant's rehabilitation survive a valid waiver of appeal and do not require preservation.
3. The probation conditions requiring defendant to avoid injurious or vicious habits and disreputable places or people, pay a $250 surcharge and fees as a condition of probation, work or pursue approved education or training, submit to drug or alcohol testing, and refrain from gang paraphernalia or gang associations were stricken because they were not reasonably related to defendant's rehabilitation or to ensuring that he led a law-abiding life.
4. Defendant's discrete constitutional challenges to probation conditions 7 and 24 were unpreserved, and the court declined to review them in the interest of justice; to the extent they were as-applied challenges, they were waived by defendant's valid appeal waiver.

Questions Presented

1. Whether defendant's valid waiver of the right to appeal foreclosed review of his excessive-sentence claim.
2. Whether challenges to probation conditions as unrelated to defendant's rehabilitation survived the appeal waiver and required preservation.
3. Whether the challenged probation conditions were reasonably related to defendant's rehabilitation and to ensuring that he led a law-abiding life.
4. Whether defendant's discrete constitutional challenges to probation conditions 7 and 24 were preserved or otherwise reviewable.

Disposition

other