People v. Molyneaux

Summary

The New York Appellate Division, Second Department, affirmed the denial of Jennifer Molyneaux's motion under CPL 440.47 to vacate her sentence and obtain resentencing under Penal Law § 60.12 and the Domestic Violence Survivors Justice Act. The court held that the hearing evidence did not establish by a preponderance of the evidence that she was subjected to substantial domestic violence abuse that contributed significantly to her criminal conduct.

Holdings

1. The defendant's hearing evidence did not establish by a preponderance of the evidence that, at the time of the offense, she was a victim of domestic violence subjected to substantial physical, sexual, or psychological abuse by her accomplice.
2. The County Court did not err in denying the defendant's motion to vacate her sentence and obtain resentencing under Penal Law § 60.12.

Questions Presented

1. Whether the defendant established by a preponderance of the evidence that, at the time of the offense, she was a victim of domestic violence subjected to substantial physical, sexual, or psychological abuse by a member of the same family or household, as required for resentencing under Penal Law § 60.12.
2. Whether the County Court properly denied the defendant's CPL 440.47 motion to vacate her sentence and resentence her under the Domestic Violence Survivors Justice Act.

Disposition

affirmed