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History of Domestic Abuse Can be Considered in Sentencing, Court Rules

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History of Domestic Abuse Can be Considered in Sentencing, Court Rules

In 2019, New York’s legislature passed a law that allowed judges to consider a defendant’s documented history of surviving domestic abuse when determining what sentence to impose. If the judges found that the history played a role in the crime, they were able to reduce the sentences.

Since the law was enacted, prosecutors across the state, though, have at times requested that defendants waive that right in order to receive a plea deal and to avoid a trial.

But in an opinion on Thursday, New York’s highest court said prosecutors could not make defendants give up that right. In the 4-to-3 decision, written by Judge Jenny Rivera, the majority found that forcing a defendant to waive the right deprived them of the benefits of the 2019 law.

The practice “threatens to essentially eviscerate the statute by excluding the overwhelming majority of defendants who have suffered domestic violence,” Judge Rivera wrote.

Thursday’s decision also highlighted how an overwhelming majority of cases in the legal system end in plea agreements, rather than being decided at a trial. As of 2019, 96 percent of felonies and 99 percent of misdemeanors ended in a plea, according to state data.

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The decision is one of the rare times that the state’s highest court has acknowledged a defendant’s rights cannot be set aside as part of a plea agreement, said Paris C. DeYoung, an attorney with Legal Aid who argued before the judges on behalf of the petitioner in the case.

“It’s very hard in our system to get the court to protect certain rights from waiver,” she said. “We’re excited that this sort of opens the door for folks to continue to pursue things that they are entitled to without having to deal with just another waiver on their plates.”

The case at the heart of the appeal was that of Nicole Hudson, who was charged with second-degree attempted murder and two counts of first-degree assault for running over her sister’s girlfriend with a car while fleeing her abusive ex-boyfriend. She took a plea deal and waived her right to have the abuse she had dealt with considered in her sentencing.

In a statement on Thursday, Ms. Hudson said the decision “has given me my life back.” Waiving away her ability to have the hearing before she was sentenced was “an injustice not just for me, but also for my child and for my family,” she said.

Oren Yaniv, a spokesman for the Brooklyn district attorney’s office, which prosecuted Ms. Hudson’s case, said the office was concerned the decision “will make it harder to resolve appropriate cases early.”

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“Crime victims and surviving relatives deserve finality, clarity and a process that does not unnecessarily prolong painful experiences,” he said.

The law the decision aims to protect, the Domestic Violence Survivor’s Justice Act, was passed in 2019, when progressive Democrats had taken control of New York’s Legislature.

It allowed some defendants to have their history of domestic violence to be considered during sentencing if they showed that they were largely influenced by their abuse at the time of the crime. The judge could sentence the defendants to receive less prison time than what the law called for or alternative incarceration programs. It also gave people already in prison the opportunity to apply for resentencing.

The law came as crime in New York hit historic lows, and the Legislature overhauled parts of the state’s bail law and compelled prosecutors to hand over reams of case material to defense lawyers in a timely manner. However, as crime inched up after the pandemic, and after a public shift in sentiment on crime, lawmakers began to make changes to the policies. Both laws have been amended.

Ms. Hudson’s case began in 2019. She was at an outdoor party by her home when her abusive ex-boyfriend arrived. After an altercation broke out, during which her former boyfriend was injured, Ms. Hudson fled to her car and tried to escape. As she began driving away, she ran over her sister’s girlfriend, striking her three times and dragging her body down the street under the car. The woman was left permanently paralyzed and Ms. Hudson was charged with second-degree attempted murder and two counts of first-degree assault.

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While her case was pending, Ms. Hudson, 34, asked that her history be reviewed by the court to see if she would be eligible to be sentenced under the domestic violence law. Her lawyers requested that the court sentence her to six months of incarceration and five years of probation.

Ms. Hudson’s lawyers included supporting information in her application, including a psychological report that said Ms. Hudson had experienced “repeated psychological and physical abuse” at the hands of her former boyfriend, who is also the father of her child. The first instance of physical abuse occurred when she was 20 years old and five months pregnant, the report found. His physical and verbal abuse escalated after.

While her application was pending before the court, Ms. Hudson was offered a plea deal through the Brooklyn district attorney’s office, offering her five years in prison and five years of probation. Their agreement, according to the opinion, was on the condition that she waive her right to the hearing to determine if she could get a reduced sentence.

Her lawyers objected to the provision, and the judge overseeing the trial also “expressed concern as to whether a defendant may waive,” the opinion said. However, the judge ultimately concluded that Ms. Hudson could waive her right and the court accepted her plea in 2021.

After she was sentenced, Ms. Hudson appealed, but the state’s Appellate Division found that the right could be waived. But the four judges on the state’s highest court on Thursday said that they agreed with a decision in another case that found some rights were “too valuable, both to the [defendant] and to the community, to be sacrificed in plea bargaining.”

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Ms. Hudson said she was now “excited to finally have the chance to tell my story. I know that I caused great harm, and I take full accountability for that.”

“I also know that my actions came from my years of abuse,” she said.

But, in a dissent on Thursday, Judge Anthony Cannataro argued that a remedy should come from legislators and not from the judiciary.

Ms. Hudson’s case is an example of the sentencing law working, Judge Cannataro said, because she was offered the very lowest end of the ordinary sentencing range, “despite the serious and lifelong injuries that defendant inflicted.” Now, as a result of the decision, and the likelihood that prosecutors will withdraw the agreement, Ms. Hudson “may find herself subject to a far longer sentence than she agreed to,” he said.

There may still be survivors who will choose to plead guilty instead of going through the process to see if their case could be determined using the sentencing law, said Kate Mogulescu, a professor at Brooklyn Law School and part of the Surviors Justice Project.

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“But what is not allowed now is for prosecutors to foreclose that,” she said. “That is an important distinction.”

New York

Video: Knicks Fans Rejoice After Game 4 Victory

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Video: Knicks Fans Rejoice After Game 4 Victory

new video loaded: Knicks Fans Rejoice After Game 4 Victory

Fans and celebrities, including Taylor Swift and Timothée Chalamet, celebrated after the Knicks’ record comeback to win Game 4 of the N.B.A finals.
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By Jiawei Wang

June 11, 2026

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This Parking Spot Is Free. Should It Be?

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This Parking Spot Is Free. Should It Be?

What if the city …

Added More Metered Spots in Busy Neighborhoods

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Less than 3 percent of parking spaces on New York City streets have paid meters. That’s only about 80,000 spots.

Most of the meters that do exist are along busy corridors, with higher hourly rates in the core of Manhattan.

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Where are NYC’s parking meters?

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Source:New York City Department of City Planning, New York City Department of Transportation. Leanne Abraham/The New York Times

The placement of meters often feels arbitrary. Much of the East Village, a busy Manhattan neighborhood, has no meters. Nostrand Avenue, a major artery in Brooklyn, has meters over most of a five-mile stretch, but they end abruptly north of Fulton Street.

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A busy commercial corridor in Bedford-Stuyvesant lacks meters

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Note: In the data for metered blocks, the full length of a block is highlighted even when parking-meter regulations do not apply to the entire block length. Sources: New York City Department of City Planning, New York City Department of Transportation, New York City Department of Finance. Leanne Abraham/The New York Times

Adding more meters in busy neighborhoods could improve turnover for spots, research suggests, and raise revenue for the city.

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Seeking alternatives to avoid paying for meters overnight, car owners may choose to move to garages — which can cost $500 per month or more, depending on the neighborhood — park farther afield, or sell their cars. They could also turn to car-share programs, which set aside parking for shared vehicles.

When the city tries to add meters, there is often fierce opposition from neighbors, including on the Upper West Side of Manhattan last year, where residents revolted, the local City Council member complained people had been “blindsided” and the city backed down.

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Critics argue that those pushing for reforms “hate people who own cars,” in the words of Vickie Paladino, a City Council member who represents a district in Queens that is home to many car owners.

How realistic is this? The city can add additional meters on its own without needing permission from state lawmakers in Albany. Dean Fuleihan, Mr. Mamdani’s first deputy mayor, gave supporters hope when he said in March that he was open to the idea.

How much could it raise? Parking meters currently generate $278 million in revenue per year. Adding meters to one-fourth of the city’s existing free parking spaces, for example, could produce at least $1.2 billion annually, according to the Center for an Urban Future.

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What if the city …

Introduced Residential Parking Permits

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Most parking on residential streets is open to all drivers, not just those who live nearby. But many other major U.S. cities, including Los Angeles and Chicago, have permits to reserve street parking for neighborhood residents.

Residential parking permits in New York could cost anywhere from $100 per year to far more than that, experts say, with higher rates potentially prodding some residents to give up their cars. Some spots could be set aside for visitors.

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But permits would not necessarily solve the problem of the demand for parking outpacing the supply. And some transit groups oppose the idea, arguing that there are better ways to use the street space and that parking should not be guaranteed.

Rachel Weinberger, a vice president at the Regional Plan Association, an urban planning think tank, said that permits alone would not make parking easier. She also argued they would have to be prohibitively expensive in order to deter ownership.

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“A permit would only be a hunting license, meaning that you’re allowed to look for a space,” she said. “It should mean you’re guaranteed a space.”

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How much do cities charge for residential parking permits?

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Boston No fee
Chicago $30
Los Angeles $34
Washington, D.C. $55*
Philadelphia $75
Berkeley, Calif. $85
San Francisco $215

*Cost for first vehicle. Fee increases for additional vehicles. Sources: City transportation departments

Experts say that permits could also be paired with an incentive for drivers: fewer alternate side-parking days for street sweeping. Most drivers are required to move their cars once or twice a week so the streets can be cleaned, and some choose instead to leave them in place and eat the costs of the $65 tickets they receive. Moving to monthly street sweeping could make the prospect of buying a permit more appealing.

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How realistic is this? Residential permits would need to be approved by state lawmakers. Momentum for the idea grew after congestion pricing began in Manhattan, over concerns that drivers from outside the city would park outside the zone and take the subway in. It has support from Mark Levine, the city comptroller, and Carmen De La Rosa, a City Council member in northern Manhattan.

How much could it raise? If a permit cost $100 per year and was required in two-thirds of the city, that could raise roughly $200 million per year, minus administrative costs, according to Terrance J. Regan, an adjunct professor at Boston University who focuses on transportation policy. The city’s Independent Budget Office recommended starting with a smaller pilot program that would raise $6 million annually by the third year.

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What if the city …

Ended Free Parking and Implemented Dynamic Pricing

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Some urban planners want to phase out free parking altogether.

Transportation Alternatives, a street safety group, has pushed for eliminating free parking and argued that the city would benefit if fewer car trips were made.

“If you look around the world, there are many other transit-oriented cities that are safer, more efficient and healthier,” said Ben Furnas, the group’s executive director.

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The city could reclaim many miles of streets, which proponents argue could be better used for public spaces, bus lanes, bike lanes, outdoor dining setups and trash containers.

Paid parking spaces could use dynamic pricing, a system where the cost of a spot varies by demand. Right now, parking rates are as low as $1.50 for the first hour.

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Critics of such pricing models have argued that higher street-parking costs could hurt lower-income drivers or local businesses that rely on drivers. In 2019, Hoboken, N.J., announced a version of dynamic pricing on high-demand blocks, but the mayor and City Council repealed the plan after some resident opposition.

But the idea has worked elsewhere. In 2018, after a successful pilot, the San Francisco Municipal Transportation Agency implemented demand-based pricing for the 10 percent of the city’s parking spots that are paid spaces, roughly 27,000 in all.

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An evaluation of the pilot found that drivers spent 43 percent less time searching for a parking space, which in turn helped reduce car-based pollution. And once parking became easier, sales revenue increased for nearby businesses.

The rates in San Francisco can vary by block, time of day, or day of the week. Meters on the busiest blocks cost $11.75 an hour. The agency regularly reviews parking meter data and occupancy rates and decides whether to raise or lower rates.

Charles Komanoff, an economist and traffic modeler who helped create New York’s congestion pricing program, said dynamic pricing for parking could do even more than the tolls did to improve the flow of traffic here.

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“I can’t imagine anything better,” he said.

How realistic is this? The Transportation Department could implement dynamic pricing, but a legislative push would most likely hasten change. Nantasha M. Williams, a City Council member representing Southeast Queens, has proposed a bill that would require a dynamic pricing pilot program in each borough. Eliminating all free parking would be a far more dramatic proposal, though supporters say it could be done in phases over several years.

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How much could it raise? Parking reformists said the city could potentially raise billions of dollars a year under a dynamic parking system — money that could be reinvested into the neighborhoods where the fees are collected.

What if the city …

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Cracked Down on Rule-Breakers

None of these plans work unless drivers obey the rules.

The city last year issued more than 11.6 million violations for parking and related offenses, according to a report by the Department of Finance, including for failing to move for street sweepers (1.8 million), not displaying a parking receipt (1.2 million), blocking a fire hydrant (674,000) and obstructing a bus stop (565,000).

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In 1996, Mayor Rudolph W. Giuliani moved the city’s traffic enforcement agents, the unarmed civilians who write tickets for parking and other traffic violations, from the Transportation Department to the Police Department.

Some parking reformers say the shift weakened enforcement efforts, in part because the police have not focused on some of the most flagrant traffic violations.

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They say that either the police should start issuing more tickets and collecting more fines, or they should allow the Transportation Department to once again take charge.

Some point to what they view as the city’s lackluster response to placard abuse, the practice of using either official permits issued by city agencies, or fraudulent ones, to park in unauthorized spots.

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More than 91,000 complaints have been filed with the city since 2020 about possible placard abuse, but the police took action to fix the problem in just 21 percent of cases, according to a Times review of public data. Only about 12 percent of the complaints led to a driver being issued a summons.

“If you’re just unclogging these streets to have them filled with cars with fake placards, you’re not helping anything,” said Nicole Gelinas, a senior fellow at the Manhattan Institute, a conservative think tank.

There has also been a surge in fake, often out-of-state license plates that have made traffic violations harder to track. A perceived lack of consequences worsens the problem, said Jon Orcutt, a former policy director at the city’s Transportation Department.

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“The culture has gotten terribly bad,” Mr. Orcutt said about enforcement efforts.

A spokesperson for the Police Department said in a statement that there was “deep collaboration” with the Transportation Department on traffic enforcement, and pointed to some recent initiatives, including issuing 247,000 summonses last year for “ghost vehicles” with fake plates.

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Samuel I. Schwartz, the chair of the transportation research program at Hunter College, was New York City’s traffic commissioner under Mayor Edward I. Koch, at a time when the Transportation Department still controlled enforcement.

He said he thought it would be possible to change the behavior of repeat offenders if that agency led the effort and had the support of the police.

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“I would go out in the field with an army of tow trucks,” Mr. Schwartz said.

How realistic is this? Mr. Mamdani could restore traffic enforcement powers to the Transportation Department, or instruct the Police Department to step up enforcement.

How much could it raise? The city issued $1.1 billion worth of parking tickets and camera violations in fiscal year 2025, according to the Finance Department, but just $946 million, or 84 percent, was ultimately collected. By ramping up fine collection, the city could raise more revenue.

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As Mr. Mamdani weighs how to improve city streets and whether parking regulations should change, almost everyone agrees that the status quo is unacceptable.

Ms. Gelinas said that any of the leading ideas could be an improvement.

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“The dumbest thing is just to keep things the way they are,” she said.

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New York

For Nearly 150 Years, Parking Has Driven New Yorkers to the Brink

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For Nearly 150 Years, Parking Has Driven New Yorkers to the Brink

“The parking meter as we know it will be obsolete” by the year 2000, the city’s deputy transportation commissioner, Samuel I. Schwartz, left, said as his boss, Commissioner Ross Sandler, previewed a newfangled meter. Chester Higgins Jr./The New York Times

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