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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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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 |
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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 moredefendant 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"
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Ability to pay | |
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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 morewith 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
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Fines and fees | |
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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 moreconstitute 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.
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Fines and fees |