People v. Falcon
This text of People v. Falcon (People v. Falcon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It appears you are using Adblock. Please disable Adblock to best experience our website.
Bureau Thomas J.K. Smith, State Reporter
People v Falcon
2026 NY Slip Op 04262
July 2, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
The People of the State of New York, Respondent,
v
Pedro Falcon, Defendant-Appellant.
Decided and Entered: July 02, 2026
Ind. No. 2313/19|Appeal No. 7020|Case No. 2023-00658|
Before: Moulton, J.P., Mendez, Gesmer, O'neill Levy, Michael, JJ.
Twyla Carter, The Legal Aid Society, New York (Everett K. Hopkins of counsel), for appellant.
Judgment, Supreme Court, Bronx County (Laurence E. Busching, J.), rendered May 16, 2022, convicting defendant, upon his plea of guilty, of rape in the third degree, and sentencing him to 10 years of probation, unanimously modified, on the law, to the extent of striking the condition of probation requiring him to consent to a search by a probation officer of his person, vehicle, or place of abode and to the seizure of any illegal drugs, drug paraphernalia, guns or other weapons or contraband found, and the condition of probation requiring him to pay surcharges and fees as a condition of his probation, and otherwise affirmed.
Defendant's challenges to his conditions of probation requiring that he consent to searches of his person, home, and vehicle and that he pay the surcharges and fees survive his waiver of the right to appeal (see People v Percy, 234 AD3d 619, 620 [1st Dept 2025]). We strike those conditions because they are not reasonably related to
defendant's rehabilitation (see id.; People v Aquirre, 245 AD3d 421, 422 [1st Dept 2026]). We note that the People do not oppose this relief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: July 2, 2026
Links to or from other sites do not signify endorsement or relationship with them.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
People v. Falcon, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-falcon-nyappdiv-2026.