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Court of Appeals – Domestic Violence Survivors Justice Act: People v. N.H.
Daily Record Staff//May 15, 2026//
Court of Appeals – Domestic Violence Survivors Justice Act: People v. N.H.
Daily Record Staff//May 15, 2026//
Listen to this articleNew York State Court of Appeals
Domestic Violence Survivors Justice Act — 60.12 Hearing — Waiver — Plea agreement
No. 34
Judge Rivera
Background: At issue on appeal is whether, as a condition of a negotiated plea agreement, a defendant may waive a Section 60.12 hearing to determine their eligibility for an alternative sentence under the Domestic Violence Survivors Justice Act.
Ruling: The Court of Appeals reversed. The court held that a 60.12 hearing is not waivable as a condition of a plea agreement in light of the legislative history of the DVSJA.
Paris C. DeYoung for the appellant; Jean M. Joyce, for the respondent.
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