People v Smith

Holding The court struck probation conditions requiring the defendant to support dependents, refrain from gang association, and pay mandatory surcharges, finding them not reasonably related to rehabilitation due to a lack of evidence of children or gang affiliation. The court affirmed the conviction and other probation conditions, noting that the defendant’s valid appeal waiver foreclosed review of his excessive sentence claim.

The court’s words

striking the conditions of probation requiring him to pay the mandatory surcharge and fees imposed at sentencing

2026 NY Slip Op 06215, at the official text

no evidence that defendant has children or any gang affiliation

2026 NY Slip Op 06215, at the official text

the condition is not reasonably related to defendant's rehabilitation or necessary to ensure that he will lead a law-abiding life

2026 NY Slip Op 06215, at the official text