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Criminal

New YorkCriminalSentencing
Appellate Division, First Department
Uncategorized

People v. Delarosa — First Department Vacates Sentence Where Plea Deal Improperly Waived Domestic Violence Survivors Justice Act Hearing

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The Appellate Division, First Department vacated defendant’s sentence and remanded for a Domestic Violence Survivors Justice Act (DVSJA) eligibility hearing after the People conceded that conditioning her guilty plea on waiver of a Penal Law § 60.12 hearing was improper under People v. N.H.

New YorkCriminalCriminal ProcedureSentencing
Appellate Division, First Department
Uncategorized

People v. Narvaez — First Dept. Strikes Four Probation Conditions Including Surcharge on Indigent Defendant and Baseless Gang-Association Ban

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The First Department modified a probation sentence, striking four conditions as not reasonably necessary under Penal Law § 65.10(1): a financial surcharge on an indigent defendant relying on public assistance, a dependent-support condition where the defendant had no dependents, an order-of-protection compliance condition with no supporting history, and a gang-paraphernalia ban with no evidence of any gang connection.

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