| People v Whindleton |
| 2008 NY Slip Op 06655 [54 AD3d 422] |
| August 19, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Shamell Whindleton, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard LongworthHecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Loehr,J.), rendered August 2, 2006, convicting him of criminal sexual act in the first degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that a condition of probation, which precluded him from residingwith his mother and his siblings, violated Penal Law § 65.10 and the United StatesConstitution. Under the circumstances of this case, the County Court was authorized to imposethis condition of probation since it had a rehabilitative purpose, and was necessary to amelioratethe conduct which gave rise to the offense and to prevent the incarceration of the defendant(see Penal Law § 65.10 [1], [2], [5]; People v Rocco, 309 AD2d 882[2003]; People v Myatt, 248 AD2d 68 [1998]). Furthermore, there was a substantialshowing that the challenged condition was reasonably and necessarily related to the rehabilitativeand ameliorative purposes of the statute (see Farrell v Burke, 449 F3d 470, 497 [2006];Birzon v King, 469 F2d 1241, 1243 [1972]; cf. Tremper v Ulster County Dept. ofProbation, 160 F Supp 2d 352 [2001]).
The defendant's constitutional claim is without merit. Rivera, J.P., Lifson, Miller, Carni andEng, JJ., concur.