N.Y. Criminal Procedure Law § 420.30: Remission of fines, restitution or reparation

§ 420.30 Remission of fines, restitution or reparation.

1. Applicability. The procedure specified in this section governs

remission of fines, restitution or reparation in all cases not covered

by subdivision four of section 420.10.

2. Procedure. (a) 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 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.

(b) The court shall give each person given notice a reasonable

opportunity to be heard on the question of remitting an order of

restitution or reparation. If the court remits such restitution or

reparation, or any part thereof, the reasons therefor shall be placed

upon the record.

3. Restrictions. Except as provided for in subdivision two-a of

section 420.35 of this article, in no event shall a mandatory surcharge,

sex offender registration fee, DNA databank fee or crime victim

assistance fee be remitted.