PEOPLE v. SANCHEZ (2024)

Order, Supreme Court, New York County (Angela Badamo, J.), entered on or about August 22, 2023, which denied defendant's CPL 490.10(1) motion for early termination of probation, unanimously affirmed.

The motion court providently exercised its discretion in denying defendant's CPL 410.90(1) motion for termination of his probation.

Alternatively, we perceive no basis, notwithstanding defendant's successful efforts to build a constructive and productive life and his substantial compliance with the terms and conditions of probation thus far, to exercise our discretion in the interest of justice to grant defendant's motion.  This is particularly so given the submitted psychiatric and risk assessment's indication of defendant's report that he “accidentally” connected with the child pornography forming the basis of his conviction and viewed it for a few months (see e.g. People v. Weitz, 37 Misc.3d 445, 460, 952 N.Y.S.2d 380 [Sup. Ct., N.Y. County 2012] [application for probation termination denied where probationer failed to establish “mature awareness and understanding of the traits, issues and conditions which activated or supported his commission of” the offense]).