People of the State of New York v Yordani Urena
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Attorneys and Parties
Brief Summary
Criminal law; validity of probation conditions imposed after a guilty plea to assault in the second degree.
The Bronx County Supreme Court accepted defendant's guilty plea, convicted him of assault in the second degree, sentenced him to three years of probation, and imposed probation conditions including a directive to avoid injurious or vicious habits, unlawful or disreputable places, and disreputable people, along with payment of mandatory surcharges and fees.
The Appellate Division modified the judgment only by striking the probation condition requiring payment of the mandatory surcharge and fees imposed at sentencing; the remainder of the judgment was affirmed.
The court held that the constitutional attack on the behavioral probation condition was unpreserved and, in any event, lacked merit, and that the condition was reasonably necessary under Penal Law § 65.10(1) [probation conditions must be reasonably necessary to ensure that the defendant will lead a law-abiding life or to assist him to do so] given the violent nature of defendant's conduct. By contrast, requiring payment of the mandatory surcharge and fees as a condition of probation was not reasonably related to rehabilitation or necessary to ensure a law-abiding life.
Background
Yordani Urena pleaded guilty in Bronx County to assault in the second degree. The sentencing court imposed a three-year term of probation. Among the probation conditions were a standard conduct-related condition requiring him to avoid injurious or vicious habits, unlawful or disreputable places, and disreputable people, and a condition requiring payment of the mandatory surcharge and fees imposed at sentencing.
Lower Court Decision
The Supreme Court, Bronx County, rendered judgment on October 23, 2024, convicting defendant upon his guilty plea of assault in the second degree and sentencing him to three years of probation with the challenged probation conditions, including the conduct restriction and the payment-related condition.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment in the interest of justice by striking the probation condition requiring defendant to pay the mandatory surcharge and fees, and otherwise affirmed. It declined to review the claim that the conduct-related probation condition was facially unconstitutional because that claim was unpreserved, and it also stated that the claim would fail on the merits. The court further held that defendant's challenge to whether that condition was reasonably necessary did not require preservation, but found the condition proper because of the violent nature of the offense. The People did not oppose removal of the payment condition.
Legal Significance
The decision reinforces two points about appellate review of probation conditions. First, a facial constitutional challenge to a probation condition may be deemed unpreserved if not raised below. Second, under Penal Law § 65.10(1) [probation conditions must be reasonably necessary to ensure that the defendant will lead a law-abiding life or to assist him to do so], conduct-related conditions may be upheld when tied to the nature of the crime, but financial obligations such as mandatory surcharges and fees cannot be made probation conditions unless they are reasonably related to rehabilitation or to ensuring lawful behavior.
A probation condition restricting a defendant's associations and habits can survive appellate review when supported by the circumstances of a violent offense, but making payment of mandatory surcharges and fees a condition of probation is improper when it is not tied to rehabilitation or lawful conduct.