People v. N.H.

Summary

The New York Court of Appeals considers whether a defendant may waive a Penal Law § 60.12 hearing as a condition of a negotiated plea agreement. The Court holds that a hearing under the Domestic Violence Survivors Justice Act is not waivable as a plea condition because permitting waiver would undermine the statute's remedial purpose and legislative intent. The Court reverses the Appellate Division's order and remits the matter for further proceedings.

Holdings

1. A defendant may not waive a Penal Law § 60.12 hearing as a condition of a negotiated plea agreement.
2. Although a plea agreement may not require waiver of a section 60.12 hearing, the decision whether to request the hearing remains with the defendant, and any alternative sentence remains discretionary with the sentencing court.

Questions Presented

1. Whether a defendant may waive a Penal Law § 60.12 DVSJA eligibility hearing as a condition of a negotiated plea agreement.
2. Whether the DVSJA permits a defendant to choose whether to request a hearing while nevertheless prohibiting the prosecution from conditioning a plea offer on waiver of that hearing.
3. Whether the case should be remitted for further proceedings after reversal of the Appellate Division order.

Disposition

reversed_and_remanded