On April 23, the New York Court of Appeals ruled that survivors of domestic violence cannot be forced to waive their right to a sentencing hearing under the Domestic Violence Survivors Justice Act (DVSJA) as part of the plea-bargaining process. S&C worked alongside the Survivors Justice Project and Sanctuary for Families to submit an amicus brief in support of Appellant Nicole Hudson, who had been required to waive her right to a DVSJA hearing as a condition of her plea. S&C interviewed several survivors of domestic violence for inclusion in the amicus brief to illustrate the DVSJA’s impact on individuals who have successfully obtained relief under the statute.
The Court of Appeals found that in enacting the DVSJA, the New York State Legislature determined that judges, not prosecutors, are best suited to determine whether a survivor’s history warrants a reduced sentence under the DVSJA. In doing so, the majority opinion pointed to the amicus brief’s argument that allowing prosecutors to require waiver of a DVSJA hearing has harmful consequences for survivors. The Court of Appeals ultimately reversed the Appellate Division order, finding that the right to a DVSJA hearing is not waivable.
The ruling was covered by The New York Times, including a quote from Survivor’s Justice Project’s Kate Mogulescu.
The S&C team included Garrard Beeney, Maude Wilson and Iliana Cooper.
This victory marks S&C’s latest effort on behalf of domestic violence survivors. The Firm previously obtained the first appellate ruling under the Domestic Violence Survivors Justice Act, leading to the release of Nicole Addimando, a survivor of severe domestic violence who was convicted of murder after killing her abuser in self-defense. S&C obtained a significant reduction in her initial sentence of 19 years to life in prison, allowing her to return home to her children in January 2024.