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Fines and Fees

	State	Statute	Description/Statute Name	Statutory language	Amount	Level of offense	Mandatory	Imposed by	Delegation of authority
Add to Dashboard + Create New	New York	N.Y. Penal Law § 80.00	Fine for Felony	1. A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding the higher of a. five thousand + See more dollars; or b. double the amount of the defendant's gain from the commission of the crime or, if the defendant is convicted of a crime defined in article four hundred ninety-six of this chapter, any higher amount not exceeding three times the amount of the defendant's gain from the commission of such offense; or c. if the conviction is for any felony defined in article two hundred twenty or two hundred twenty-one of this chapter, according to the following schedule: (i) for A-I felonies, one hundred thousand dollars; (ii) for A-II felonies, fifty thousand dollars; (iii) for B felonies, thirty thousand dollars; (iv) for C felonies, fifteen thousand dollars.	Up to $15000 or three times the defendant's gain from the offense, varying with offense	Felony	No	Court	N/A
Add to Dashboard + Create New	New York	N.Y. Penal Law § 80.05	Fines for misdemeanors and violation (Class A)	A sentence to pay a fine for a class A misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding one thousand dollars, provided, however, + See more that a sentence imposed for a violation of section 215.80 of this chapter may include a fine in an amount equivalent to double the value of the property unlawfully disposed of in the commission of the crime.	$0 - $1000	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	New York	N.Y. Penal Law § 80.05	Fines for misdemeanors and violation (Class B)	A sentence to pay a fine for a class B misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding five hundred dollars.	$0.00 - $500.00	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	New York	N.Y. Penal Law § 80.05	Fines for misdemeanors and violation (Violation)	A sentence to pay a fine for a violation shall be a sentence to pay an amount, fixed by the court, not exceeding two hundred fifty dollars.	$0.00 - $250.00	Misdemeanor	No	Court	N/A
Add to Dashboard + Create New	New York	N.Y. Penal Law § 60.35	Mandatory surcharge (Felony)	a person convicted of a felony shall pay a mandatory surcharge of three hundred dollars	$300.00 - $300.00	Felony	Yes	Court	N/A
Add to Dashboard + Create New	New York	N.Y. Penal Law § 60.35	Mandatory surcharge (Misdemeanor)	a person convicted of a misdemeanor shall pay a mandatory surcharge of one hundred seventy-five dollars	$175.00 - $175.00	Misdemeanor	Yes	Court	N/A
Add to Dashboard + Create New	New York	N.Y. Penal Law § 60.35	Mandatory surcharge (Violation)	a person convicted of a violation shall pay a mandatory surcharge of ninety-five dollars	$95.00 - $95.00	Misdemeanor	Yes	Court	N/A
Add to Dashboard + Create New	New York	N.Y. Penal Law § 60.35	Crime Assistance Fee	a person convicted...shall pay...a crime victim assistance fee of twenty-five dollars	$25.00 - $25.00	All	Yes	Court	N/A
Add to Dashboard + Create New	New York	NY Penal Law § 60.35	Sex offender registration fee	a person convicted of a sex offense as defined by subdivision two of section one hundred sixty-eight-a of the correction law or a sexually violent offense as defined by subdivision three of section + See more one hundred sixty-eight-a of the correction law shall, in addition to a mandatory surcharge and crime victim assistance fee, pay a sex offender registration fee of fifty dollars.	$50.00 - $50.00	All	Yes	Court	N/A
Add to Dashboard + Create New	New York	N.Y. Penal Law § 60.35	DNA data bank fee	a person convicted of a designated offense as defined by subdivision seven of section nine hundred ninety-five of the executive law shall, in addition to a mandatory surcharge and crime victim + See more assistance fee, pay a DNA databank fee of fifty dollars.	$50.00 - $50.00	All	Yes	Court	N/A

Poverty Penalties and Poverty Traps

	State	Statute	Description/Statute Name	Statutory language	Type of poverty penalty or poverty trap	Level of offense	Mandatory
Add to Dashboard + Create New	New York	Penal Law § 60.35(5)	Inmate money	When a person who is convicted of a crime or violation and sentenced to a term of imprisonment has failed to pay the mandatory surcharge, sex offender registration fee, DNA + See more databank fee, crime victim assistance fee or supplemental sex offender victim fee required by this section, the clerk of the court that rendered the conviction shall notify the superintendent or the municipal official of the facility where the person is confined. The superintendent or the municipal official shall cause any amount owing to be collected from such person during his or her term of imprisonment from moneys to the credit of an inmates' fund or such moneys as may be earned by a person in a work release program pursuant to section eight hundred sixty of the correction law.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 1809(5)	Inmate money	The superintendent or the municipal official shall cause any amount owing to be collected from such person during his term of imprisonment from moneys to the credit of an inmates' + See more fund or such moneys as may be earned by a person in a work release program pursuant to section eight hundred sixty of the correction law.	Wage/bank account garnishment	All	Yes
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 1199(4)	License Suspension	4. If a person shall fail to pay any driver responsibility assessment as provided in this section, the commissioner shall suspend such person's driver's license or privilege of obtaining a + See more license. Such suspension shall remain in effect until any and all outstanding driver responsibility assessments have been paid in full.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 1194(2)	License Suspension	No new driver's license or permit shall be issued, or non-resident operating privilege restored to such person unless such penalty has been paid.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 503	License Suspension	(d) If a person shall fail to pay any driver responsibility assessment as provided in this subdivision, the commissioner shall suspend such person's driver's license or privilege of obtaining a + See more license. Such suspension shall remain in effect until any and all outstanding driver responsibility assessments have been paid in full.	Driver's license suspension/impoundment	All	Yes
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.35(1)	Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines	The provisions of section 420.10 of this article governing the collection of fines and the provisions of section 420.40 of this article governing deferral of mandatory surcharges, sex offender registration fees, DNA databank fees + See more and financial hardship hearings and the provisions of section 430.20 of this chapter governing the commitment of a defendant for failure to pay a fine shall be applicable to a mandatory surcharge, sex offender registration fee, DNA databank fee and a crime victim assistance fee imposed pursuant to subdivision one of section 60.35 of the penal law, subdivision twenty-a of section three hundred eighty-five of the vehicle and traffic law, subdivision nineteen-a of section four hundred one of the vehicle and traffic law, or a mandatory surcharge imposed pursuant to section eighteen hundred nine of the vehicle and traffic law or section 27.12 of the parks, recreation and historic preservation law. When the court directs that the defendant be imprisoned until the mandatory surcharge, sex offender registration fee or DNA databank fee is satisfied, it must specify a maximum period of imprisonment not to exceed fifteen days; provided, however, a court may not direct that a defendant be imprisoned until the mandatory surcharge, sex offender registration fee, or DNA databank fee is satisfied or otherwise for failure to pay the mandatory surcharge, sex offender registration fee or DNA databank fee unless the court makes a contemporaneous finding on the record, after according defendant notice and an opportunity to be heard, that the payment of the mandatory surcharge, sex offender registration fee or DNA databank fee upon defendant will not work an unreasonable hardship upon him or her or his or her immediate family.	Incarceration	All	No
Add to Dashboard + Create New	New York	N.Y. Judiciary Law § 792	Execution of Warrant	The sheriff to whom a warrant is issued, must collect each fine out of the personal property of the person fined, as prescribed by law or the rules of civil + See more practice for the collection, by levy upon and sale of personal property, of an execution issued out of a court of record; and he is entitled to like fees thereupon. If sufficient personal property of a delinquent can not be found to pay the fine and the fees, the sheriff must arrest the delinquent, and detain him in custody until he pays the same, as upon an execution against the person, issued in an action, out of the supreme court; and he is entitled to like fees thereupon.	Property liens	All	Yes
Add to Dashboard + Create New	New York	N.Y. Judiciary Law § 753	Power of Courts to punish Civil Contempts	A. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy + See more of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in any of the following cases: 3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution can not be awarded for the collection of such sum except as otherwise specifically provided by the civil practice law and rules; or for any other disobedience to a lawful mandate of the court.	Incarceration	All	No
Add to Dashboard + Create New	New York	N.Y. Judiciary Law § 753	Power of Courts to punish Civil Contempts	A. A court of record has power to punish, by fine and imprisonment, or either, a neglect or violation of duty, or other misconduct, by which a right or remedy + See more of a party to a civil action or special proceeding, pending in the court may be defeated, impaired, impeded, or prejudiced, in any of the following cases: 3. A party to the action or special proceeding, an attorney, counsellor, or other person, for the non-payment of a sum of money, ordered or adjudged by the court to be paid, in a case where by law execution can not be awarded for the collection of such sum except as otherwise specifically provided by the civil practice law and rules; or for any other disobedience to a lawful mandate of the court.	Increased fine	All	No
Add to Dashboard + Create New	New York	N.Y. C.P.L.R. 5226	Installment Payment Order	Upon motion of the judgment creditor, upon notice to the judgment debtor, where it is shown that the judgment debtor is receiving or will receive money from any source, or + See more is attempting to impede the judgment creditor by rendering services without adequate compensation, the court shall order that the judgment debtor make specified installment payments to the judgment creditor.	Payment plan/installment plan	All	Yes

Ability to Pay

	State	Statute	Description/Statute Name	Statutory language	Level of offense	Definition of ability to pay	Timeline	Burden of proof	Method of determination	Mandatory	Remedies if unable to pay
Add to Dashboard + Create New	New York	N.Y. Penal Law § 80.00	Fine for felony	When imposing a fine pursuant to the provisions of this paragraph, the court shall consider the profit gained by defendant's conduct, whether the amount of the fine is disproportionate to + See more the conduct in which defendant engaged, its impact on any victims, and defendant's economic circumstances, including the defendant's ability to pay, the effect of the fine upon his or her immediate family or any other persons to whom the defendant owes an obligation of support.	Felony	Not provided for	Before imposition of fine or fee	Not provided for	Not provided for	Yes	Not specified
Add to Dashboard + Create New	New York	N.Y. Correct. Law § 201(9)	Authority and responsibility for community supervision	The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said fee would work an unreasonable hardship on the + See more person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.	All	payment of said fee would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial + See more support.	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Exec. Law § 257-c	Probation administrative fee	The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the + See more person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.	All	payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial + See more support.	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Correct. Law § 189(2)	Disposition of moneys paid to prisoner for his labor	The commissioner shall waive the collection of such fee where it is determined that the payment of the fee would work an unreasonable hardship on the prisoner or his or + See more her immediate family.	All	payment of the fee would work an unreasonable hardship on the prisoner or his or her immediate family.	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 1198(5)	Installation and operation of ignition interlock devices	The cost of installing and maintaining the ignition interlock device shall be borne by the person subject to such condition unless the court determines such person is financially unable to + See more afford such cost whereupon such cost may be imposed pursuant to a payment plan or waived	All	the court determines such person is financially unable to afford such cost	Not provided for	Not provided for	Not provided for	No	Waiver or payment plan
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.30	Remission of fines, restitution or reparation	a court may waive the crime victim assistance fee if such defendant is an eligible youth as defined in subdivision two of section 720.10 of this chapter, and the imposition of such + See more fee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support.	All	imposition of such fee would work an unreasonable hardship on the defendant, his or her immediate family, or any other person who is dependent on such defendant for financial support.	Not provided for	Not provided for	Not provided for	No	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.35	Mandatory surcharge and crime victim assistance fee; applicability to sentences mandating payment of fines	When the court directs that the defendant be imprisoned until the mandatory surcharge, sex offender registration fee or DNA databank fee is satisfied, it must specify a maximum period of + See more imprisonment not to exceed fifteen days; provided, however, a court may not direct that a defendant be imprisoned until the mandatory surcharge, sex offender registration fee, or DNA databank fee is satisfied or otherwise for failure to pay the mandatory surcharge, sex offender registration fee or DNA databank fee unless the court makes a contemporaneous finding on the record, after according defendant notice and an opportunity to be heard, that the payment of the mandatory surcharge, sex offender registration fee or DNA databank fee upon defendant will not work an unreasonable hardship upon him or her or his or her immediate family.	All	unreasonable hardship upon defendant or defendant's immediate family	Not provided for	Not provided for	Not provided for	Yes	Waiver of fee
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.40	Deferral of a mandatory surcharge; financial hardship hearings	On an appearance date set forth in a summons issued pursuant to subdivision three of section 60.35 of the penal law, section eighteen hundred nine of the vehicle and traffic + See more law or section 27.12 of the parks, recreation and historic preservation law, a person upon whom a mandatory surcharge, sex offender registration fee or DNA databank fee was levied shall have an opportunity to present on the record credible and verifiable information establishing that the mandatory surcharge, sex offender registration fee or DNA databank fee should be deferred, in whole or in part, because, due to the indigence of such person the payment of said surcharge, sex offender registration fee or DNA databank fee would work an unreasonable hardship on the person or his or her immediate family.	All	an unreasonable hardship on the person or his or her immediate family	At defendant's request at enforcement	Burden on defendant to show inability to pay	Determined by judge after hearing	No	Deferral

Transparency

	State	Statute	Description/Statute Name	Statutory language	Type of obligation	Actor
Add to Dashboard + Create New	New York	N.Y. City Crim. Ct. Act § 23	Fines paid to NY City Courts	All fines paid into and received by the court shall be paid over to the commissioner of finance . . . at which time the court shall cause a statement + See more or statements of fines received to be filed with the comptroller and the commissioner of finance of the city.	Obligation to report/conduct analysis	Municipal court
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. Law § 420.30	Remittance of fine/fee - obligation to record	Any superior court which has imposed a fine, restitution or reparation for any offense may, in its discretion, on five days notice to the district attorney of the county in + See more which such fine, restitution or reparation was imposed and to each person otherwise required to be given notice of restitution or reparation pursuant to subdivision one of section 420.10, remit such fine, restitution or reparation or any portion thereof. In case of a fine, restitution or reparation imposed by a local criminal court for any offense, a superior court holding a term in the county in which the fine, restitution or reparation was imposed may, upon like notice, remit such fine, restitution or reparation or any portion thereof . . . If the court remits such restitution or reparation, or any part thereof, the reasons therefor shall be placed upon the record.	Obligation to collect or record	State courts
Add to Dashboard + Create New	New York	N.Y. Jud. Law §§ 790	Clerk to make schedule of fines imposed	Where a fine has been imposed by a court of record, upon a grand or trial juror, or upon any officer or other person, without being accompanied with an order + See more for the immediate commitment of the person so fined, until the fine is paid, the clerk of the court, immediately after the close of the term at which the fine was imposed, must prepare a schedule, containing, in separate columns, the following matters:1. The name of each person fined. 2. His place of residence, where it appears, from the papers on file or before the court, to be within the county. 3. The amount of the fine imposed upon him. 4. The cause for which the fine was imposed. The clerk must subjoin to the schedule a certificate, to the effect, that it contains a true abstract of the orders imposing fines, and must annex it to the warrant specified in the next section.	Obligation to collect or record	All courts

Collections Infrastructure

	State	Statute	Description/Statute Name	Statutory language	Who may collect
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. § 420.10.8	Collection of fines, restitution or reparation	The chief elected official in each county, and in the city of New York the mayor, shall designate an official or organization other than the district attorney to be responsible + See more for the collection and administration of restitution and reparation payments under provisions of the penal law and this chapter. This official or organization shall be eligible for the designated surcharge provided for by subdivision eight of section 60.27 of the penal law.	County
Add to Dashboard + Create New	New York	N.Y. Crim. Proc. § 420.10.1	Collection of fines, restitution or reparation	When the court imposes a fine upon an individual, it shall designate the official other than the district attorney to whom payment is to be remitted.	All

Revenue Flow

	State	Statute	Description/Statute Name	Statutory language	Who receives the funding	Other beneficiaries	Level of offense
Add to Dashboard + Create New	New York	N.Y. Penal Law § 80.00	rehabilitative alcohol and substance treatment fund; state cemetery vandalism restoration and administration fund	5. All moneys in excess of five thousand dollars received or collected in payment of a fine imposed pursuant to paragraph c of subdivision one of this section are the + See more property of the state and the state comptroller shall deposit all such fines to the rehabilitative alcohol and substance treatment fund established pursuant to section ninety-seven-cc of the state finance law.; 7. When the court imposes a fine pursuant to section 145.22 or 145.23 of this chapter, the court shall direct that no less than ten percent of such fine be credited to the state cemetery vandalism restoration and administration fund created pursuant to section ninety-seven-r of the state finance law.	State/statewide agency	N/A	Felony
Add to Dashboard + Create New	New York	N.Y. Penal Law § 60.35	Criminal Justice Improvement Account	Within the first ten days of the month following collection of the mandatory surcharge, crime victim assistance fee, and supplemental sex offender victim fee, the collecting authority shall determine the + See more amount of mandatory surcharge, crime victim assistance fee, and supplemental sex offender victim fee collected and, if it is an administrative tribunal, or a town or village justice court, it shall then pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law	State/statewide agency	N/A	All
Add to Dashboard + Create New	New York	N.Y. Penal Law § 60.35	General Fund	Within the first ten days of the month following collection of the sex offender registration fee and DNA databank fee, the collecting authority shall determine the amount of the sex + See more offender registration fee and DNA databank fee collected and, if it is an administrative tribunal, or a town or village justice court, it shall then pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund	State/statewide agency	N/A	All
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 1196	Schedule of Fees- Alcohol and Drug Rehabilitation Program	The commissioner shall establish a schedule of fees to be paid by or on behalf of each participant in the program, and may, from time to time, modify same. Such + See more fees shall defray the ongoing expenses of the program.	State/statewide agency	N/A	All
Add to Dashboard + Create New	New York	N.Y. Correct. Law § 189	Incarceration Fee	The commissioner may collect from the compensation paid to a prisoner for work performed while housed in a general confinement facility an incarceration fee, not to exceed one dollar per + See more week, for each week of confinement to help defray the costs of incarceration.	Supervision agency	N/A	All
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 1809	General Fund or Criminal Justice Improvement Account	Within the first ten days of the month following collection of the mandatory surcharge the collecting authority shall determine the amount of mandatory surcharge collected and, if it is an + See more administrative tribunal or a town or village justice court, it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the general fund. If such collecting authority is any other court of the unified court system, it shall, within such period, pay such money to the state commissioner of taxation and finance to the credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law	State/statewide agency	N/A	All
Add to Dashboard + Create New	New York	N.Y. Veh. & Traf. Law § 1809	Criminal Justice Improvement Account	Within the first ten days of the month following collection of the crime victim assistance fee, the collecting authority shall determine the amount of crime victim assistance fee collected and, + See more if it is an administrative tribunal or a town or village justice court, it shall pay such money to the state comptroller who shall deposit such money in the state treasury pursuant to section one hundred twenty-one of the state finance law to the credit of the criminal justice improvement account established by section ninety-seven-bb of the state finance law	State/statewide agency	N/A	All
Add to Dashboard + Create New	New York	PRHPL § 27.12	miscellaneous special revenue fund	Within the first ten days of the month following collection of the mandatory surcharge, the collecting authority shall determine the amount of mandatory surcharge collected and pay such amount to + See more the state comptroller who shall deposit such money in the miscellaneous special revenue fund to be credited to the agency's patron services account.	State/statewide agency	N/A	Misdemeanor
Add to Dashboard + Create New	New York	N.Y. Penal Law § 60.27	Restitution Agency	8. The court shall in all cases where restitution or reparation is imposed direct as part of the disposition that the defendant pay a designated surcharge of five percent of + See more the entire amount of a restitution or reparation payment to the official or organization designated pursuant to subdivision eight of section 420.10 of the criminal procedure law.	Municipality/municipal agency	N/A	All
Add to Dashboard + Create New	New York	N.Y. Correction Law § 168	General Fund	The fee shall be paid to the division by the sex offender. The state comptroller is hereby authorized to deposit such fees into the general fund.	State/statewide agency	N/A	All

Structure of Courts

	State	Statute	Description/Statute Name	Statutory language	Court/legal body	Function
Add to Dashboard + Create New	New York	Const. Art. 6, § 30	Legislative power over jurisdiction and proceedings; delegation of power to regulate practice and procedure.	The legislature shall have the same power to alter and regulate the jurisdiction and proceedings in law and in equity that it has heretofore exercised. The legislature may, on such + See more terms as it shall provide and subject to subsequent modification, delegate, in whole or in part, to a court, including the appellate division of the supreme court, or to the chief administrator of the courts, any power possessed by the legislature to regulate practice and procedure in the courts. The chief administrator of the courts shall exercise any such power delegated to him or her with the advice and consent of the administrative board of the courts. Nothing herein contained shall prevent the adoption of regulations by individual courts consistent with the general practice and procedure as provided by statute or general rules.	Legislature	Creation of the courts
Add to Dashboard + Create New	New York	Const. Art. 6, § 33	Custodians of children to be of same religious persuasion	Existing provisions of law not inconsistent with this article shall continue in force until repealed, amended, modified or superseded in accordance with the provisions of this article. The legislature shall + See more enact appropriate laws to carry into effect the purposes and provisions of this article, and may, for the purpose of implementing, supplementing or clarifying any of its provisions, enact any laws, not inconsistent with the provisions of this article, necessary or desirable in promoting the objectives of this article.	Legislature	Creation of the courts
Add to Dashboard + Create New	New York	Const. Art. 6, § 1	Unified court system; organization; process	There shall be a unified court system for the state. The state-wide courts shall consist of the court of appeals, the supreme court including the appellate divisions thereof, the court + See more of claims, the county court, the surrogate's court and the family court, as hereinafter provided. The legislature shall establish in and for the city of New York, as part of the unified court system for the state, a single, city-wide court of civil jurisdiction and a single, city-wide court of criminal jurisdiction, as hereinafter provided, and may upon the request of the mayor and the local legislative body of the city of New York, merge the two courts into one city-wide court of both civil and criminal jurisdiction. The unified court system for the state shall also include the district, town, city and village courts outside the city of New York, as hereinafter provided.	New York judiciary generally	Jurisdiction of the courts
Add to Dashboard + Create New	New York	Const. Art. 6, § 3	Court of appeals; jurisdiction	The jurisdiction of the court of appeals shall be limited to the review of questions of law except where the judgment is of death, or where the appellate division, on + See more reversing or modifying a final or interlocutory judgment in an action or a final or interlocutory order in a special proceeding, finds new facts and a final judgment or a final order pursuant thereto is entered; but the right to appeal shall not depend upon the amount involved.	Court of Appeals	Jurisdiction of the courts
Add to Dashboard + Create New	New York	Const. Art. 6, § 4	Judicial departments; appellate divisions, how constituted; governor to designate justices; temporary assignments; jurisdiction	The appellate divisions of the supreme court shall have all the jurisdiction possessed by them on the effective date of this article and such additional jurisdiction as may be prescribed + See more by law, provided, however, that the right to appeal to the appellate divisions from a judgment or order which does not finally determine an action or special proceeding may be limited or conditioned by law.	Appellate Division	Jurisdiction of the courts
Add to Dashboard + Create New	New York	Const. Art. 6, § 7	Supreme court; jurisdiction	The supreme court shall have general original jurisdiction in law and equity and the appellate jurisdiction herein provided. In the city of New York, it shall have exclusive jurisdiction over + See more crimes prosecuted by indictment, provided, however, that the legislature may grant to the city-wide court of criminal jurisdiction of the city of New York jurisdiction over misdemeanors prosecuted by indictment and to the family court in the city of New York jurisdiction over crimes and offenses by or against minors or between spouses or between parent and child or between members of the same family or household.	Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	New York	Const. Art. 6, § 8	Appellate terms; composition; jurisdiction	As may be provided by law, an appellate term shall have jurisdiction to hear and determine appeals from the district court or a town, village or city court outside the + See more city of New York.	Appellate Term of Supreme Court	Jurisdiction of the courts
Add to Dashboard + Create New	New York	Const. Art. 6, § 9	Court of claims; jurisdiction	The court shall have jurisdiction to hear and determine claims against the state or by the state against the claimant or between conflicting claimants as the legislature may provide.	Court of Claims	Jurisdiction of the courts
Add to Dashboard + Create New	New York	Const. Art. 6, § 11	County courts; judges	a. The county court shall have jurisdiction over the following classes of actions and proceedings which shall be originated in such county court in the manner provided by law, except + See more that actions and proceedings within the jurisdiction of the district court or a town, village or city court outside the city of New York may, as provided by law, be originated therein: actions and proceedings for the recovery of money, actions and proceedings for the recovery of chattels and actions and proceedings for the foreclosure of mechanics liens and liens on personal property where the amount sought to be recovered or the value of the property does not exceed twenty-five thousand dollars exclusive of interest and costs; over all crimes and other violations of law; over summary proceedings to recover possession of real property and to remove tenants therefrom; and over such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law. b. The county court shall exercise such equity jurisdiction as may be provided by law and its jurisdiction to enter judgment upon a counterclaim for the recovery of money only shall be unlimited. c. The county court shall have jurisdiction to hear and determine all appeals arising in the county in the following actions and proceedings: as of right, from a judgment or order of the district court or a town, village or city court which finally determines an action or proceeding and, as may be provided by law, from a judgment or order of any such court which does not finally determine an action or proceeding. The legislature may provide, in accordance with the provisions of section eight of this article, that any or all of such appeals be taken to an appellate term of the supreme court instead of the county court.	County Court	Jurisdiction of the courts
Add to Dashboard + Create New	New York	Const. Art. 6, § 12	Const. Art. 6, § 12	d. The surrogate's court shall have jurisdiction over all actions and proceedings relating to the affairs of decedents, probate of wills, administration of estates and actions and proceedings arising thereunder + See more or pertaining thereto, guardianship of the property of minors, and such other actions and proceedings, not within the exclusive jurisdiction of the supreme court, as may be provided by law. e. The surrogate's court shall exercise such equity jurisdiction as may be provided by law.	Surrogate's Court	Jurisdiction of the courts

Case Law

	State	Citation	Question	Brief Answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	New York	People v. Knapp, 132 A.D.3d 1290, 1290, 17 N.Y.S.3d 231, 231 (N.Y. App. Div. 2015); People v. Travis, 64 A.D.3d 808, 809, 882 N.Y.S.2d 530, 532 (2009)	Other applicable case law	Consideration of ability to pay is not required when restitution order is nonprobationary	"Consideration of defendant's ability to pay was not required because restitution was ordered as part of a nonprobationary sentence that included a period of incarceration as a significant component	Ability to pay
Add to Dashboard + Create New	New York	People v. Aloma, 92 A.D.2d 572, 57273, 459 N.Y.S.2d 327, 328 (1983)		Defendant must raise issue of ability to pay to preserve claim on appeal	"At sentencing, defense counsel merely noted that it was appropriate for the court 'to consider the defendant's ability to pay a fine' and stated in conclusory terms his belief that + See more defendant did not have a 'substantial amount of money'. At no point, either before or after the imposition of sentence, was a request made by defendant or his counsel that a hearing be held on his ability to pay a fine"	Ability to pay
Add to Dashboard + Create New	New York	People v. Ryan, 83 A.D.3d 1128, 1130, 920 N.Y.S.2d 806, 809 (2011)		Failure to inform defendant of applicable surcharges prior to defendant's guilty plea, does not deprive defendant of opportunity to voluntarily weight available option and accept a plea.	Defendant's plea was not rendered involuntary by County Court's failure to mention, prior to the plea, the mandatory surcharge, crime victim's assistance fee and Vehicle and Traffic Law fee associated + See more with his conviction. The Court of Appeals has held that such administrative fees are not components of a defendant's sentence (People v. Hoti, 12 N.Y.3d 742, 743, 878 N.Y.S.2d 645, 906 N.E.2d 373 [2009] ). Accordingly, the court's failure to pronounce these charges prior to the plea does not deprive a person of the opportunity to voluntarily, knowingly and intelligently weigh the available options and accept a plea	Fines and fees
Add to Dashboard + Create New	New York	Cty. of Nassau v. Canavan, 1 N.Y.3d 134, 13940, 802 N.E.2d 616, 62122 (2003)		Grossly disproportionate fines are unconstitutional. Disproportionality is determined by looking to the seriousness of the crime, available penalties, and resources of the defendant	The Excessive Fines Clause thus limits the government's power to extract payments, whether in cash or in kind, as punishment for some offense Forfeiturespayments in kindare fines if they + See more constitute punishment for an offense (see United States v. Bajakajian, 524 U.S. 321, 328, 118 S.Ct. 2028, 141 L.Ed.2d 314 [1998] ) . . . Inasmuch as a punitive forfeiture of an instrumentality of a crime violates the Excessive Fines Clause if it is grossly disproportional to the gravity of a defendant's offense . . . In determining gross disproportionality, we consider such factors as the seriousness of the offense, the severity of the harm caused and of the potential harm had the defendant not been caught, the relative value of the forfeited property and the maximum punishment to which defendant could have been subject for the crimes charged, and the economic circumstances of the defendant.	Fines and fees

Attorney General Opinions

	State	Citation	Description/Statute Name	Question	Brief answer	Language from the opinion	When does the case apply?
Add to Dashboard + Create New	New York	2004 N.Y. Op. Atty. Gen. No. 14 (N.Y.A.G.), 2004 WL 3007300	New York-Attorney General opinion	What authority do county or municipal courts have to set fines or fees?	A village may impose both civil and criminal penalties for violations of local zoning laws, although criminal penalties must be consistent with the designation and classification of offenses under the Penal Law. A + See more village may provide for increased penalties for subsequent convictions, but may not designate any such offense as a felony. The disgorgement of profits upon conviction of a zoning violation may be obtained through an alternate sentence under the Penal Law, or through enactment of a carefully crafted civil forfeiture law.	"In sum, we conclude that the Village is authorized under its home rule powers to provide for both civil and criminal penalties for violation of local zoning laws, but that criminal penalties must + See more be consistent with the designation and classification of offenses under the Penal Law. We further conclude that the Village may provide for increased penalties for subsequent convictions under its zoning code, but may not designate any such offense as a felony. Finally, we are of the opinion that disgorgement of profits upon conviction of a zoning violation may be obtained through the use of an alternate sentence as authorized by the Penal Law, or through enactment of a carefully crafted civil forfeiture law."	Revenue flow