6 New York opinions name it 4 courts 2024–2026 6 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Seaberggreen2 sentences2026The Appellate Division also rejected defendant's excessive sentence claim on the merits (<i>id.</i>).</p> <h2>II.</h2> <p>This Court has long recognized that plea bargaining is "a vital part of our criminal justice system," without which "New York's law enforcement system would collapse" (<i>People v Seaberg</i>, 74 NY2d 1, 7 [1989]; <i>accord People v Thomas</i>, 34 NY3d 545 , 557 [2019]; <i>see generally People v Selikoff</i>, 35 NY2d 227, 232-235 [1974], <i>cert denied</i> 419 US 1122 [1975]). 2026The Appellate Division also rejected defendant's excessive sentence claim on the merits (<i>id.</i>).</p> <h2>II.</h2> <p>This Court has long recognized that plea bargaining is "a vital part of our criminal justice system," without which "New York's law enforcement system would collapse" (<i>People v Seaberg</i>, 74 NY2d 1, 7 [1989]; <i>accord People v Thomas</i>, 34 NY3d 545 , 557 [2019]; <i>see generally People v Selikoff</i>, 35 NY2d 227, 232-235 [1974], <i>cert denied</i> 419 US 1122 [1975]). | 2 | 2 |
People v. Rudolphgreen2 sentences2026To the extent the plurality engages in textual analysis at all, its conclusions are consistent with mine that the statute does not reflect a legislative "policy choice that there be a [DVSJA hearing and] determination in every case where the defendant is eligible, even where the defendant fails to request it" (<i>Rudolph</i>, 21 NY3d at 501 ). 2026To the extent the plurality engages in textual analysis at all, its conclusions are consistent with mine that the statute does not reflect a legislative "policy choice that there be a [DVSJA hearing and] determination in every case where the defendant is eligible, even where the defendant fails to request it" ( Rudolph , 21 NY3d at 501). | 2 | 2 |
People v. Marrerogreen2 sentences2025Moreover, Penal Law § 60.12 does not require a court to conduct a DVSJA hearing "in every case containing allegations that the defendant is a victim of domestic violence, regardless of whether a hearing was requested" ( People v Hudson , 232 AD3d at 205-206; see People v Smalls , 128 AD3d at 1230). 2025Moreover, Penal Law § 60.12 does not require a court to conduct a DVSJA hearing "in every case containing allegations that the defendant is a victim of domestic violence, regardless of whether a hearing was requested" ( People v Hudson , 232 AD3d at 205-206; see People v Smalls , 128 AD3d at 1230). | 2 | 2 |
People v. Addimandogreen2 sentences2024A defendant wishing to avail himself or herself of the possibility of a reduced sentence must instead request a DVSJA hearing to determine his or her eligibility before the sentencing court ( see People v Addimando , 197 AD3d at 112 [the evidentiary burden of demonstrating the existence of the enumerated factors at a hearing is "borne by the defendant, as the movant"]; see also People v Smalls , 128 AD3d at 1230 [finding that a defendant who fails to request a DVSJA hearing before a sentencing court may not obtain appellate review of the issue of whether he or she should have been sentenced pu 2024A defendant wishing to avail himself or herself of the possibility of a reduced sentence must instead request a DVSJA hearing to determine his or her eligibility before the sentencing court ( see People v Addimando , 197 AD3d at 112 [the evidentiary burden of demonstrating the existence of the enumerated factors at a hearing is "borne by the defendant, as the movant"]; see also People v Smalls , 128 AD3d at 1230 [finding that a defendant who fails to request a DVSJA hearing before a sentencing court may not obtain appellate review of the issue of whether he or she should have been sentenced pu | 1 | 2 |
People v. Selikoffgreen2 sentences2026The Appellate Division also rejected defendant's excessive sentence claim on the merits (<i>id.</i>).</p> <h2>II.</h2> <p>This Court has long recognized that plea bargaining is "a vital part of our criminal justice system," without which "New York's law enforcement system would collapse" (<i>People v Seaberg</i>, 74 NY2d 1, 7 [1989]; <i>accord People v Thomas</i>, 34 NY3d 545 , 557 [2019]; <i>see generally People v Selikoff</i>, 35 NY2d 227, 232-235 [1974], <i>cert denied</i> 419 US 1122 [1975]). 2026The Appellate Division also rejected defendant's excessive sentence claim on the merits (<i>id.</i>).</p> <h2>II.</h2> <p>This Court has long recognized that plea bargaining is "a vital part of our criminal justice system," without which "New York's law enforcement system would collapse" (<i>People v Seaberg</i>, 74 NY2d 1, 7 [1989]; <i>accord People v Thomas</i>, 34 NY3d 545 , 557 [2019]; <i>see generally People v Selikoff</i>, 35 NY2d 227, 232-235 [1974], <i>cert denied</i> 419 US 1122 [1975]). | 1 | 1 |
People v. Pruchnickigreen2 sentences2025Any inappropriate or inflammatory comments made by the prosecutor did not contribute to the outcome because there was no jury at the DVSJA hearing, and a court serving as the factfinder is "deemed uniquely capable of distinguishing those issues properly presented to [it] from those not" ( People v Dixon , 50 AD3d 1519, 1520 [4th Dept 2008], lv denied 10 NY3d 958 [2008] [internal quotation marks omitted]; see People v King , 111 AD3d 1345 , 1346 [4th Dept 2013], lv denied 23 NY3d 1022 [2014]; People v Pruchnicki , 74 AD3d 1820, 1822 [4th Dept 2010], lv denied 15 NY3d 855 [2010]). 2025Any inappropriate or inflammatory comments made by the prosecutor did not contribute to the outcome because there was no jury at the DVSJA hearing, and a court serving as the factfinder is "deemed uniquely capable of distinguishing those issues properly presented to [it] from those not" ( People v Dixon , 50 AD3d 1519, 1520 [4th Dept 2008], lv denied 10 NY3d 958 [2008] [internal quotation marks omitted]; see People v King , 111 AD3d 1345 , 1346 [4th Dept 2013], lv denied 23 NY3d 1022 [2014]; People v Pruchnicki , 74 AD3d 1820, 1822 [4th Dept 2010], lv denied 15 NY3d 855 [2010]). | 1 | 1 |
People v. Masongreen2 sentences2025Furthermore, the juvenile offender possesses all of the basic rights available to the adult offender such as preliminary proceedings, bail and counsel" ( People v Mason , 99 Misc 2d 583, 587-588 [Sup Ct, Richmond County 1979]; see People v Hudson , 232 AD3d 200 [2024] ["nothing in the plain language of Penal Law § 60.12, or the purpose and policy goals of the Legislature in enacting the statute, leads this Court to conclude that a DVSJA hearing is in the category of rights which may not be waived"]; People v B.N. , 79 Misc 3d 740, 756 [Sup Ct, Cayuga County 2023] ["the legislature intended tha 2025Furthermore, the juvenile offender possesses all of the basic rights available to the adult offender such as preliminary proceedings, bail and counsel" ( People v Mason , 99 Misc 2d 583, 587-588 [Sup Ct, Richmond County 1979]; see People v Hudson , 232 AD3d 200 [2024] ["nothing in the plain language of Penal Law § 60.12, or the purpose and policy goals of the Legislature in enacting the statute, leads this Court to conclude that a DVSJA hearing is in the category of rights which may not be waived"]; People v B.N. , 79 Misc 3d 740, 756 [Sup Ct, Cayuga County 2023] ["the legislature intended tha | 1 | 1 |
People v. Kinggreen2 sentences2025Any inappropriate or inflammatory comments made by the prosecutor did not contribute to the outcome because there was no jury at the DVSJA hearing, and a court serving as the factfinder is "deemed uniquely capable of distinguishing those issues properly presented to [it] from those not" ( People v Dixon , 50 AD3d 1519, 1520 [4th Dept 2008], lv denied 10 NY3d 958 [2008] [internal quotation marks omitted]; see People v King , 111 AD3d 1345 , 1346 [4th Dept 2013], lv denied 23 NY3d 1022 [2014]; People v Pruchnicki , 74 AD3d 1820, 1822 [4th Dept 2010], lv denied 15 NY3d 855 [2010]). 2025Any inappropriate or inflammatory comments made by the prosecutor did not contribute to the outcome because there was no jury at the DVSJA hearing, and a court serving as the factfinder is "deemed uniquely capable of distinguishing those issues properly presented to [it] from those not" ( People v Dixon , 50 AD3d 1519, 1520 [4th Dept 2008], lv denied 10 NY3d 958 [2008] [internal quotation marks omitted]; see People v King , 111 AD3d 1345 , 1346 [4th Dept 2013], lv denied 23 NY3d 1022 [2014]; People v Pruchnicki , 74 AD3d 1820, 1822 [4th Dept 2010], lv denied 15 NY3d 855 [2010]). | 1 | 1 |
People v. Dixongreen2 sentences2025Any inappropriate or inflammatory comments made by the prosecutor did not contribute to the outcome because there was no jury at the DVSJA hearing, and a court serving as the factfinder is "deemed uniquely capable of distinguishing those issues properly presented to [it] from those not" ( People v Dixon , 50 AD3d 1519, 1520 [4th Dept 2008], lv denied 10 NY3d 958 [2008] [internal quotation marks omitted]; see People v King , 111 AD3d 1345 , 1346 [4th Dept 2013], lv denied 23 NY3d 1022 [2014]; People v Pruchnicki , 74 AD3d 1820, 1822 [4th Dept 2010], lv denied 15 NY3d 855 [2010]). 2025Any inappropriate or inflammatory comments made by the prosecutor did not contribute to the outcome because there was no jury at the DVSJA hearing, and a court serving as the factfinder is "deemed uniquely capable of distinguishing those issues properly presented to [it] from those not" ( People v Dixon , 50 AD3d 1519, 1520 [4th Dept 2008], lv denied 10 NY3d 958 [2008] [internal quotation marks omitted]; see People v King , 111 AD3d 1345 , 1346 [4th Dept 2013], lv denied 23 NY3d 1022 [2014]; People v Pruchnicki , 74 AD3d 1820, 1822 [4th Dept 2010], lv denied 15 NY3d 855 [2010]). | 1 | 1 |
People v. Averygreen2 sentences2024Plea negotiating is well established as "a vital part of our criminal justice system" ( People v Seaberg , 74 NY2d 1, 7 ; see People v Avery , 85 NY2d 503, 506 ) and "includes 'the surrender of many guaranteed rights'" ( People v Pacherille , 25 NY3d 1021, 1023 , quoting People v Seaberg , 74 NY2d at 7 ). 2024Plea negotiating is well established as "a vital part of our criminal justice system" ( People v Seaberg , 74 NY2d 1, 7 ; see People v Avery , 85 NY2d 503, 506 ) and "includes 'the surrender of many guaranteed rights'" ( People v Pacherille , 25 NY3d 1021, 1023 , quoting People v Seaberg , 74 NY2d at 7 ). | 1 | 1 |
In re Tristen O.green2 sentences2024Plea negotiating is well established as "a vital part of our criminal justice system" ( People v Seaberg , 74 NY2d 1, 7 ; see People v Avery , 85 NY2d 503, 506 ) and "includes 'the surrender of many guaranteed rights'" ( People v Pacherille , 25 NY3d 1021, 1023 , quoting People v Seaberg , 74 NY2d at 7 ). 2024Plea negotiating is well established as "a vital part of our criminal justice system" ( People v Seaberg , 74 NY2d 1, 7 ; see People v Avery , 85 NY2d 503, 506 ) and "includes 'the surrender of many guaranteed rights'" ( People v Pacherille , 25 NY3d 1021, 1023 , quoting People v Seaberg , 74 NY2d at 7 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pellicci v. United States
green
2 sentences2026The Appellate Division also rejected defendant's excessive sentence claim on the merits (<i>id.</i>).</p> <h2>II.</h2> <p>This Court has long recognized that plea bargaining is "a vital part of our criminal justice system," without which "New York's law enforcement system would collapse" (<i>People v Seaberg</i>, 74 NY2d 1, 7 [1989]; <i>accord People v Thomas</i>, 34 NY3d 545 , 557 [2019]; <i>see generally People v Selikoff</i>, 35 NY2d 227, 232-235 [1974], <i>cert denied</i> 419 US 1122 [1975]). 2026The Appellate Division also rejected defendant's excessive sentence claim on the merits (<i>id.</i>).</p> <h2>II.</h2> <p>This Court has long recognized that plea bargaining is "a vital part of our criminal justice system," without which "New York's law enforcement system would collapse" (<i>People v Seaberg</i>, 74 NY2d 1, 7 [1989]; <i>accord People v Thomas</i>, 34 NY3d 545 , 557 [2019]; <i>see generally People v Selikoff</i>, 35 NY2d 227, 232-235 [1974], <i>cert denied</i> 419 US 1122 [1975]). | 1 | 2026–2026 |
People v. Roundtree
green
2 sentences2025Any inappropriate or inflammatory comments made by the prosecutor did not contribute to the outcome because there was no jury at the DVSJA hearing, and a court serving as the factfinder is "deemed uniquely capable of distinguishing those issues properly presented to [it] from those not" ( People v Dixon , 50 AD3d 1519, 1520 [4th Dept 2008], lv denied 10 NY3d 958 [2008] [internal quotation marks omitted]; see People v King , 111 AD3d 1345 , 1346 [4th Dept 2013], lv denied 23 NY3d 1022 [2014]; People v Pruchnicki , 74 AD3d 1820, 1822 [4th Dept 2010], lv denied 15 NY3d 855 [2010]). 2025Any inappropriate or inflammatory comments made by the prosecutor did not contribute to the outcome because there was no jury at the DVSJA hearing, and a court serving as the factfinder is "deemed uniquely capable of distinguishing those issues properly presented to [it] from those not" ( People v Dixon , 50 AD3d 1519, 1520 [4th Dept 2008], lv denied 10 NY3d 958 [2008] [internal quotation marks omitted]; see People v King , 111 AD3d 1345 , 1346 [4th Dept 2013], lv denied 23 NY3d 1022 [2014]; People v Pruchnicki , 74 AD3d 1820, 1822 [4th Dept 2010], lv denied 15 NY3d 855 [2010]). | 1 | 2025–2025 |
People v. Lessane
green
2 sentences2024This issue was adequately preserved by the defendant's preplea request that the court hold a DVSJA hearing to determine her eligibility for a reduced sentence and the concerns raised by defense counsel at the plea proceeding as to whether the hearing can be validly waived, and the Supreme Court expressly decided the issue of whether a DVSJA hearing could validly be waived as part of a plea agreement ( see CPL 470.05[2]; People v Lessane , 142 AD3d 562, 563 ; cf. People v Proctor , 79 NY2d 992, 994 ). 2024This issue was adequately preserved by the defendant's preplea request that the court hold a DVSJA hearing to determine her eligibility for a reduced sentence and the concerns raised by defense counsel at the plea proceeding as to whether the hearing can be validly waived, and the Supreme Court expressly decided the issue of whether a DVSJA hearing could validly be waived as part of a plea agreement ( see CPL 470.05[2]; People v Lessane , 142 AD3d 562, 563 ; cf. People v Proctor , 79 NY2d 992, 994 ). | 1 | 2024–2024 |
People v. Muniz
green
2 sentences2024Here, nothing in the plain language of Penal Law § 60.12, or the purpose and policy goals of the Legislature in enacting the statute, leads this Court to conclude that a DVSJA hearing is in the category of rights which may not be waived ( see People v Muniz , 91 NY2d at 574 ). 2024Here, nothing in the plain language of Penal Law § 60.12, or the purpose and policy goals of the Legislature in enacting the statute, leads this Court to conclude that a DVSJA hearing is in the category of rights which may not be waived ( see People v Muniz , 91 NY2d at 574 ). | 1 | 2024–2024 |
Scoglio v. County of Suffolk
green
2 sentences2024This permissive language reflects the Legislature's intent that sentencing under Penal Law § 60.12 be an option exercised in the sentencing court's discretion ( see Matter of Scoglio v County of Suffolk , 85 NY2d 709, 712 ; People v Addimando , 197 AD3d at 112 ). 2024This permissive language reflects the Legislature's intent that sentencing under Penal Law § 60.12 be an option exercised in the sentencing court's discretion ( see Matter of Scoglio v County of Suffolk , 85 NY2d 709, 712 ; People v Addimando , 197 AD3d at 112 ). | 1 | 2024–2024 |
People v. Proctor
green
2 sentences2024This issue was adequately preserved by the defendant's preplea request that the court hold a DVSJA hearing to determine her eligibility for a reduced sentence and the concerns raised by defense counsel at the plea proceeding as to whether the hearing can be validly waived, and the Supreme Court expressly decided the issue of whether a DVSJA hearing could validly be waived as part of a plea agreement ( see CPL 470.05[2]; People v Lessane , 142 AD3d 562, 563 ; cf. People v Proctor , 79 NY2d 992, 994 ). 2024This issue was adequately preserved by the defendant's preplea request that the court hold a DVSJA hearing to determine her eligibility for a reduced sentence and the concerns raised by defense counsel at the plea proceeding as to whether the hearing can be validly waived, and the Supreme Court expressly decided the issue of whether a DVSJA hearing could validly be waived as part of a plea agreement ( see CPL 470.05[2]; People v Lessane , 142 AD3d 562, 563 ; cf. People v Proctor , 79 NY2d 992, 994 ). | 1 | 2024–2024 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.