New York
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.
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.”
“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.
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.”
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.
“But what is not allowed now is for prosecutors to foreclose that,” she said. “That is an important distinction.”
New York
How a Web Developer Lives on $45,000 in Far Rockaway
How can people possibly afford to live in one of the most expensive cities on the planet? It’s a question New Yorkers hear a lot, often delivered with a mix of awe, pity and confusion.
We surveyed hundreds of New Yorkers about how they spend, splurge and save. We found that many people — rich, poor or somewhere in between — live life as a series of small calculations that add up to one big question: What makes living in New York worth it?
Karen Jeanne Radley has experienced the highs and lows of securing affordable housing in New York City, changing apartments more than once before finding her current home in a senior living community in Far Rockaway.
“It’s all about being able to survive,” she said. “And what I’ve come to learn through this is that I’m a much stronger person than I thought I was, having to adapt.”
Ms. Radley, a 51-year-old freelance website developer and consultant, lived on the Upper West Side of Manhattan for almost 20 years before a rent increase in 2020 forced her out.
She moved in with her mother, who lived in a one-bedroom apartment on the Upper East Side. When the rent increased on that unit, they downsized to another apartment in the same building. Then came another rent increase, and another search for a place to live.
“It presented us with the opportunity to find a new neighborhood, explore new things,” Ms. Radley said. “We started saying, ‘OK, these boroughs that we’ve never considered, why don’t we start considering Queens? Why don’t we start looking in the Bronx?’”
The mother-daughter duo moved to Far Rockaway, a Queens beachfront neighborhood, last year with their two dogs — Alistair, a Havanese, and Winston, a Portuguese water dog.
Living in a building for older adults is far from ideal for Ms. Radley, who made about $45,000 last year. She said she has limited social opportunities because her neighbors are much older than her, but a bigger apartment by the beach with reasonable rent is a win. For $941 per month, she shares a one-bedroom apartment with her mother, who is 83 and secured their current arrangement through the Jewish Association Serving the Aging.
Ms. Radley created a makeshift bedroom for herself in the living area. The dining room table doubles as her desk, where she works on websites and digital ad campaigns.
“It doesn’t really bother me,” Ms. Radley said. “Right after you’re done watching TV at night, you don’t have to go far to go to bed.”
Looking Outside New York
Ms. Radley started her career in marketing after graduating from Bard College in 1997, and shifted to consulting about 10 years ago when she lost her job. Her income and clientele grew during her first few years as a consultant, but when the pandemic hit, she started earning less.
She thought about leaving New York for better employment opportunities and sought jobs in Boston, Atlanta and San Francisco, but nothing worked out. So Ms. Radley stayed in the city, where she still has clients — some of whom trade their services for hers. For example, Ms. Radley does web design and maintenance for a salon in exchange for getting her hair done.
Time and again, the city she describes as “a place of discovery” has compelled her to adjust to the high cost of living, but she has found ways to enjoy life without straining her finances.
She uses her IDNYC card for discounts or free tickets to the theater, museums and the Orchid Show at the New York Botanical Garden. A tennis fanatic, she also attends the free U.S. Open Fan Week. “We’ve learned in a way that you can enjoy without spending a lot,” she said.
Instead of paying $30 to see a movie, she looks for discounts or waits for the movie to come to a streaming service. Rather than buying books, she visits the public library or finds free e-books on Amazon.
She budgets about $100 per week for groceries and joins a monthly trip through her building’s community center to Trader Joe’s, Walmart or Costco. If there’s extra cash, Ms. Radley takes the bus to the Long Island Rail Road and rides it to Grand Central Market in Manhattan, where she indulges in baked goods and visits the butcher.
Ms. Radley has also cut back on eating out. Instead, she opts to make dinner from online recipes and freezes the leftovers.
“We have really found ways to adapt,” she said.
Buckeye Blitz Ice Cream
Ms. Radley has never thought about moving to Ohio, where her mother is from, but once or twice a year she purchases six pints of Graeter’s ice cream for $120, to be shipped from Cincinnati. She always buys her two favorite flavors, Buckeye Blitz and Black Raspberry Chip.
Ms. Radley saw “Hamilton” for the first time last year when her mother, who spent years entering the digital ticket lottery, finally won. They paid $10 for each ticket and enjoyed dinner at Ms. Radley’s favorite steakhouse, The Palm, after.
She budgets $64 per month for her membership at the Rockaway Y.M.C.A., where she uses the gym and indoor pool and sits in on lectures. Another $50 is set aside each month for toys, food and preventive medication for Alistair and Winston.
Ms. Radley reserves anywhere between $400 to $500 per month to cover expenses for her consulting business. Of that money, $270 goes toward internet and phone bills. The balance is allocated toward website charges, software maintenance and learning subscriptions.
A Strong Support System
Ms. Radley’s parents taught her that being a New Yorker has real value. She grew up on the Upper West Side and remembers going to sporting events and taking trips with her father to the Alice in Wonderland statue in Central Park.
Last year, when a family member was in the hospital, Ms. Radley leaned on friends in Manhattan for support and somewhere to sleep so that she wouldn’t have to make the three-hour round-trip commute from Far Rockaway every day. “Had I been elsewhere, I wouldn’t have had that support system,” she said.
“It’s been a story of staying in New York, and maintaining the life we love has been important,” Ms. Radley said. “But we’re willing to continue searching for housing and experience and new things.”
We are talking to New Yorkers about how they spend, splurge and save.
New York
Read the complaint filed against a top militia commander linked to Iran.
COUNT TWO
(Conspiracy to Provide Material Support to a Foreign Terrorist Organization)
3.
From at least in or about 2019, up to and including the date of this Complaint, in an offense begun and committed out of the jurisdiction of any particular State or district of the United States, MOHAMMAD BAQER SAAD DAWOOD AL-SAADI, the defendant, and others known and unknown, at least one of whom is expected to be first brought to and arrested in the Southern District of New York, knowingly and intentionally combined, conspired, confederated, and agreed together and with each other to provide “material support or resources,” as that term is defined in Title 18, United States Code, Section 2339A(b)(1), to a FTO, namely, the Islamic Revolutionary Guard Corps (“IRGC”), which was designated by the U.S. Secretary of State as a foreign terrorist organization on or about April 15, 2019, and is currently designated as such as of the date of the filing of this Complaint.
4. It was a part and an object of the conspiracy that MOHAMMAD BAQER SAAD DAWOOD AL-SAADI, the defendant, and others known and unknown, would and did knowingly provide the IRGC with material support and resources, including property, services, lodging, weapons, personnel, training, facilities, explosives, and transportation, knowing that the IRGC was a designated terrorist organization (as defined in Title 18, United States Code, Section 2339B(g)(6)), that the IRGC s engages and has engaged in terrorist activity (as defined in Section 212(a)(3)(B) of the Immigration and Nationality Act), and that the IRGC engages and has engaged in terrorism (as defined in Section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989), in violation of Title 18, United States Code, Section 2339B.
(Title 18, United States Code, Sections 2339B(a)(1), (d)(1)(C), (d)(1)(D), (d)(1)(E), and (d)(1)(F), and 3238.)
COUNT THREE
(Conspiracy to Provide Material Support for Acts of Terrorism)
5.
From at least on or about February 28, 2026, up to and including the date of this Complaint, in an offense begun and committed out of the jurisdiction of any particular State or district of the United States, MOHAMMAD BAQER SAAD DAWOOD AL-SAADI, the defendant, and others known and unknown, at least one of whom is expected to be first brought to and arrested in the Southern District of New York, knowingly and intentionally combined, conspired, confederated, and agreed together and with each other to provide “material support or resources,” as that term is defined in Title 18, United States Code, Section 2339A(b)(1), including property, services, lodging, weapons, personnel, training, facilities, explosives, and transportation, knowing and intending that they were to be used in preparation for and in carrying out one or more of the following violations of Title 18, United States Code: (a) attempting and conspiring to murder nationals of the United States, in violation of Title 18, United States Code, Section 2332(b), and (b) bombing and conspiring to bomb a place of public use, in violation of Title 18, United States Code, Section 2332f.
(Title 18, United States Code, Sections 2339A and 3238.)
2
New York
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