People v. N.H.

Summary

The Court held that a defendant may not waive a Penal Law § 60.12 hearing as a condition of a negotiated plea agreement. Reading the DVSJA's statutory structure and legislative purpose together, the Court concluded that permitting waiver would undermine the Legislature's effort to ensure judicial consideration of domestic violence and its effect on survivor defendants' criminal conduct. The Court reversed the Appellate Division and remitted for further proceedings.