People v Kemp

Holding The court struck four probation conditions as not reasonably related to the defendant’s rehabilitation, including prohibitions on gang affiliation and requirements for drug, alcohol, and psychiatric treatment. The court affirmed the remaining aspects of the judgment, noting that the defendant’s valid appeal waiver foreclosed review of his excessive sentence claim and as-applied constitutional challenges.

The court’s words

None of the four conditions that defendant challenged were "reasonably related to defendant's rehabilitation, or necessary to ensure that he will lead a law-abiding life"

2026 NY Slip Op 06532, at the official text

There is no evidence that defendant had a history of gang affiliation or that his offense was connected to gang activity

2026 NY Slip Op 06532, at the official text

Defendant's valid appeal waiver forecloses review of his as-applied constitutional challenge to Condition No. 24 under the First, Fifth, and Fourteenth Amendments

2026 NY Slip Op 06532, at the official text