People v Hernandez

Holding The court affirmed the conviction for criminal possession of a weapon in the fourth degree but modified the probation conditions by striking those requiring payment of surcharges, medical treatment, and gang-related restrictions. The court found these specific conditions were not reasonably related to the defendant’s rehabilitation or necessary to ensure he would lead a law-abiding life.

The court’s words

the condition of defendant's probation requiring that he pay the mandatory surcharge and other fees (Condition No. 10) is not reasonably related to defendant's rehabilitation

2026 NY Slip Op 05490, at the official text

the requirement that defendant undergo medical or psychiatric treatment if directed by the Department of Probation (Condition No. 22), should also be stricken

2026 NY Slip Op 05490, at the official text

requiring defendant to "[r]efrain from wearing or displaying gang paraphernalia and having any association with a gang or members of a gang if directed by the Department of Probation" (Condition No. 24) should be stricken

2026 NY Slip Op 05490, at the official text