PEOPLE v. WOOD (2025)

Judgment, Supreme Court, New York County (April A. Newbauer, J.), rendered May 18, 2023, convicting defendant, upon her guilty plea, of attempted criminal possession of a weapon in the second degree, and sentencing her to a five-year term of probation, unanimously modified, on the law and as a matter of discretion in the interest of justice, to the extent of striking the condition of probation that defendant pay the mandatory surcharge and fees imposed at sentencing by July 15, 2023, and otherwise affirmed.

Defendant's valid waiver of her right to appeal forecloses review of her excessive sentence claim (People v. Diallo, 232 A.D.3d 427, 427, 220 N.Y.S.3d 288 [1st Dept. 2024], lv denied 43 N.Y.3d 930, 229 N.Y.S.3d 79, 254 N.E.3d 623 [2025]).  As an alternative holding, we perceive no basis for reducing defendant's sentence.

To the extent the court improperly imposed at sentencing payment of the mandatory surcharge and other fees a condition of defendant's probation, we strike this condition which is not reasonably related to defendant's rehabilitation, or necessary to ensure that she will lead a law-abiding life (People v. Alvarez, 233 A.D.3d 619, 620, 224 N.Y.S.3d 62 [1st Dept. 2024], lv denied 43 N.Y.3d 961, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2025].