PEOPLE v. RIVERA (2026)

Judgment, Supreme Court, Bronx County (Verena C. Powell, J.), rendered June 12, 2024, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to three years of probation, unanimously modified, on the law, to the extent of striking the condition of probation requiring him to pay $375 in surcharge and fees as a condition of his probation, and otherwise affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 567, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), foreclosing review of his excessive sentence claim (see People v. Lowndes, 239 A.D.3d 574, 575, 235 N.Y.S.3d 43 [1st Dept. 2025], lv denied 44 N.Y.3d 1012, 244 N.Y.S.3d 516, 271 N.E.3d 718 [2025]).  In any event, we perceive no basis to reduce his sentence.

Under “the particular circumstances of [this] case” (People v. Percy, 234 A.D.3d 619, 620, 226 N.Y.S.3d 60 [1st Dept. 2025]), requiring payment of the surcharge and fees is not “reasonably related to [defendant's] rehabilitation” (Penal Law § 65.10[2][l]).  Defendant is indigent and unemployed (see Percy, 234 A.D.3d at 620, 226 N.Y.S.3d 60).  Accordingly, that condition is stricken.  We note that the People do not oppose this relief.