The People of the State of New York v. Dilena Delarosa
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Attorneys and Parties
Brief Summary
Criminal sentencing and the right of a domestic violence survivor to seek alternative sentencing under the Domestic Violence Survivors Justice Act (DVSJA).
The Bronx Supreme Court accepted defendant's guilty plea to assault in the second degree and sentenced her to 3½ years in prison.
The Appellate Division vacated the sentence and remanded for a determination of whether defendant is entitled to a hearing under Penal Law § 60.12.
The plea agreement improperly required defendant to waive the opportunity to be considered for Domestic Violence Survivors Justice Act relief, which the Court of Appeals held is not a permissible plea condition.
Background
Defendant pleaded guilty to assault in the second degree and received a prison term of 3½ years. As part of the plea, she waived the opportunity to seek sentencing consideration under Penal Law § 60.12 [alternative sentencing framework for certain defendants who are survivors of domestic violence]. That statute permits a court, after a hearing, to consider an alternative sentence if the defendant proves that she was a victim of substantial domestic abuse by a family or household member, that the abuse significantly contributed to her criminal behavior, and that a standard sentence would be unduly harsh in light of the crime and the defendant's history, character, and condition.
Lower Court Decision
The Supreme Court, Bronx County, convicted defendant upon her guilty plea to assault in the second degree and imposed a sentence of 3½ years' imprisonment without a Penal Law § 60.12 eligibility hearing.
Appellate Division Reversal
The Appellate Division unanimously reversed on the law to the extent of vacating the sentence and remanding the matter for a determination of whether defendant is entitled to a Penal Law § 60.12 eligibility hearing. The court noted that, even assuming the appeal waiver was valid, the People conceded that the waiver of defendant's opportunity to seek Domestic Violence Survivors Justice Act sentencing relief was improper. Relying on People v. N.H. and the People's concession, the court held that defendant must be given an opportunity to seek the required three-prong hearing.
Legal Significance
The decision reinforces that, under People v. N.H., a defendant may not be required to waive the right to seek a Domestic Violence Survivors Justice Act hearing as a condition of a plea agreement. It confirms that sentencing courts must be allowed to consider a defendant's history of domestic abuse and possible rehabilitation when the statute's criteria are invoked.
A plea bargain cannot validly strip a defendant of the chance to pursue Domestic Violence Survivors Justice Act sentencing relief; if such a waiver is imposed, the sentence must be vacated and the case remanded for possible Penal Law § 60.12 consideration.