New York Criminal Lawyer Blog
In People v. N.H., 2026 NY Slip Op 02437, the New York Court of Appeals considered whether a defendant may waive a hearing under the Domestic Violence Survivors Justice Act (DVSJA) as a condition of a plea agreement. The DVSJA is a New York law enacted in 2019 that allows certain criminal defendants who are survivors of domestic violence to seek reduced sentences if they can show that the abuse they suffered was a significant contributing factor to their criminal conduct and that a standard sentence would be unduly harsh. The case required the Court to determine whether a defendant could give up the right to seek that relief as part of a negotiated plea agreement.
Introduction
The Domestic Violence Survivors Justice Act was enacted in 2019 to provide sentencing courts with greater flexibility when dealing with defendants whose criminal conduct was significantly influenced by domestic violence. The law allows certain defendants to seek reduced sentences if they can demonstrate that abuse played a substantial role in their criminal behavior and that a standard sentence would be unduly harsh.