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POST-RELEASE SUPERVISION (PRS) CAN PROPERLY BE IMPOSED WHERE A DEFENDANT IS SENTENCED UNDER THE DOMESTIC VIOLENCE SURVIVORS JUSTICE ACT (DVSJA); DEFENDANT WAIVED HER RIGHT TO APPEAL THE SENTENCE AS EXCESSIVE (CT APP).

The Court of Appeals, in a full-fledged opinion by Judge Rivera, determined five years post-release supervision (PRS) was properly imposed as part of defendant’s sentence and defendant waived the right to appeal her sentence as excessive. Defendant pled guilty to second-degree murder and was sentenced to ten years incarceration under the Domestic Violence Survivors Justice Act (DVSJA):​

Defendant does not challenge the carceral component of her sentence. Instead, she asserts that the court had no statutory authority to impose five years’ PRS on a defendant convicted of a class A felony and sentenced under the DVSJA. We may review defendant’s claim that her sentence is illegal even though, as we explain, her appeal waiver is valid … . However, defendant misinterprets the statutory scheme, and her claim boils down to a policy argument best suited for the legislature, not the judiciary. * * *

The legislative history of the DVSJA supports our straightforward reading of the Penal Law, and our conclusion that the legislature only intended to give judges discretion to reduce the periods of incarceration for certain defendants who are domestic violence survivors, not to wholly eliminate PRS in such cases … . * * *

… [T]he court specifically advised defendant that certain issues would survive the waiver, and counsel confirmed that they had reviewed those issues with defendant. The written waiver further clarified that, as explained in defendant’s conversation with the court and counsel, defendant was waiving any claim that her sentence is excessive. Under these circumstances, the Appellate Division properly concluded that defendant knowingly, intelligently and voluntarily waived her excessive sentence claim. People v Hernandez, 2025 NY Slip Op 05874, CtApp 10-23-25

Practice Point: Post-release supervision (PRS) can properly be imposed where a defendant is sentenced under the Domestic Violence Survivors Justice Act (DVSJA).

 

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