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NINE OF ELEVEN PROBATION CONDITIONS STRICKEN AS NOT REASONABLY RELATED TO DEFENDANT’S REHABILITATION, INCLUDING THE CONDITION THAT DEFENDANT PAY THE MANDATORY SURCHARGE AND OTHER FEES (FIRST DEPT).

The First Department determined nine probation conditions must be stricken as not reasonably related to the defendant’s rehabilitation:

… [N]ine conditions were “not reasonably related to defendant’s rehabilitation, or necessary to ensure that he will lead a law-abiding life” (… Penal Law § 65.10[1]). There is no evidence that defendant had a history of gang affiliation or that his offense was connected to gang activity, and as such the condition related to a prohibition on gang affiliation … .

Considering defendant’s denial of drug and alcohol use, the Department of Probation’s assessment of defendant for substance abuse with no recommendation for further treatment, and the lack of any evidence defendant’s offense involved drug or alcohol use, conditions related to drug and alcohol testing and treatment … .

The condition of defendant’s probation requiring that he pay the mandatory surcharge and other fees … is not reasonably related to defendant’s rehabilitation, or necessary to ensure that he will lead a law-abiding life, and must be stricken … .

The remaining conditions that must be stricken … are not applicable to defendant or reasonably related to his rehabilitation … . People v Balogh, 2026 NY Slip Op 00323, First Dept 1-22-26

Practice Point: Here the probation condition that defendant pay the mandatory surcharge and other fees was stricken as not reasonably related to defendant’s rehabilitation.

 

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