People v. Donaldson, 110 A.D.3d 1120 (N.Y. App. Div. 2013). · Go Syfert
People v. Donaldson, 110 A.D.3d 1120 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Yeh (nyappdiv, 2025-05-08)
Top citers, strongest first. 4 distinct citers.
discussed Cited as authority (rule) People v. Yeh
N.Y. App. Div. · 2025 · confidence medium
In light of the fact that defendant accessed the Internet in furtherance of this offense, we find that this special condition is reasonably related to the goals of his probation, and is necessary to ameliorate the conduct giving rise to the offense ( see People v Donaldson , 110 AD3d 1120, 1121 [3d Dept 2013]; People v Brown , 62 AD3d 1209 , 1210 [3d Dept 2009]) and to mitigate his future risk of recidivism ( see Matter of Karlin v Stanford , 209 AD3d at 1190 ; Matter of Boehm v Evans , 79 AD3d 1445, 1448 [3d Dept 2010], lv denied 16 NY3d 707 [2011], cert denied 565 US 1159 [2012]).
discussed Cited as authority (rule) People v. Romanelli
N.Y. App. Div. · 2020 · confidence medium
Pursuant to Penal Law § 65.10 (1), "[t]he conditions of probation . . . shall be such as the [sentencing] court, in its discretion, deems reasonably necessary to insure that the defendant will lead a law-abiding life or to assist him [or her] to do so" ( see People v Donaldson , 110 AD3d 1120, 1121 [2013]).
discussed Cited "see" People v. Hyer
N.Y. App. Div. · 2024 · signal: see · confidence high
To that end, "[p]robation contemplates and even requires a level of official supervision substantial enough 'to insure that the defendant will lead a law-abiding life' or to assist the probationer toward that goal" ( People v Hale , 93 NY2d 454, 461 [1999], quoting Penal Law § 65.10 [1]; see People v Donaldson , 110 AD3d 1120, 1121 [3d Dept 2013]).
discussed Cited "see" People v. Hyer
N.Y. App. Div. · 2024 · signal: see · confidence high
To that end, "[p]robation contemplates and even requires a level of official supervision substantial enough 'to insure that the defendant will lead a law-abiding life' or to assist the probationer toward that goal" ( People v Hale , 93 NY2d 454, 461 [1999], quoting Penal Law § 65.10 [1]; see People v Donaldson , 110 AD3d 1120, 1121 [3d Dept 2013]).
The People of the State of New York
v.
Timothy P. Donaldson
Appellate Division of the Supreme Court of the State of New York.
Oct 3, 2013.
110 A.D.3d 1120
Rose.
Cited by 4 opinions  |  Published
Rose, J.E

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J), rendered June 15, 2012, which revoked defendant’s probation and imposed a sentence of incarceration.

In 2009, defendant pleaded guilty to driving while intoxicated and was sentenced to five years of probation. In 2012, he admitted to violating certain conditions of his probation, including the condition prohibiting him from owning or operating any motor vehicles, with the understanding that County Court would sentence him to 90 days in jail and reinstate his probation with additional conditions being imposed. County Court thereafter sentenced defendant pursuant to the agreement and imposed additional conditions, including that defendant dispose of the three motor vehicles he owned in violation of his probation. Defendant appeals.

[*1121] Defendant’s sole contention on appeal is that County Court abused its discretion in imposing the condition requiring him to dispose of his motor vehicles. We disagree. “Conditions of probation are appropriate when the court determines that they are reasonably necessary to insure that the defendant will lead a law-abiding life or to assist him or her in doing so, or are reasonably related to his or her rehabilitation” (People v Brown, 62 AD3d 1209, 1210 [2009] [internal quotation marks and citations omitted]; see Penal Law § 65.10 [1], [2]; People v Hannah, 65 AD3d 1378, 1379 [2009], lv denied 13 NY3d 907 [2009]; People v Swenson, 12 AD3d 948, 948 [2004]). Further, a condition may be imposed if the court determines that it is “necessary or appropriate to ameliorate the conduct which gave rise to the offense or to prevent the incarceration of the defendant” (Penal Law § 65.10 [5]; see People v Brown, 62 AD3d at 1210). Here, defendant admitted to owning and operating motor vehicles without a driver’s license while on probation, despite conditions prohibiting him from such activity. In our view, the additional condition imposed requiring defendant to dispose of his currently-owned motor vehicles is tailored to his offense and is reasonably related to his rehabilitation and necessary to ameliorate the conduct leading to defendant’s conviction (see People v Hale, 93 NY2d 454, 462 [1999]; People v Franco, 69 AD3d 981, 983 [2010]). Accordingly, we conclude that County Court did not abuse its discretion in imposing the condition.

Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.