Summary
This Appellate Division decision affirms the Supreme Court's denial of a defendant's motion pursuant to CPL 440.47 to vacate her murder sentence and seek resentencing under the Domestic Violence Survivors Justice Act. The court held that the defendant failed to meet the preponderance of the evidence standard to establish that she was a victim of domestic violence inflicted by an accomplice at the time of the offenses. Consequently, the trial court did not err in denying the request for alternative sentencing.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in denying the defendant’s CPL 440.47 motion to vacate her sentence and resentence under Penal Law § 60.12 as interpreted by the Domestic Violence Survivors Justice Act.
Holdings
- The trial court did not err; the defendant failed to establish that she was a victim of domestic violence under the DVSJA criteria, so the motion was properly denied.
Key quotations
“The DVSJA sets forth three factors for a court to consider, namely: (1) whether the defendant was a victim of domestic violence inflicted by a member of the same family or household at the time of the offense; (2) whether the abuse was a significant contributing factor to the defendant's criminal behavior; and (3) whether, having regard for the nature and circumstances of the crime and the history, character, and condition of the defendant, a sentence in accordance with the customary sentencing guidelines would be unduly harsh.”
Factual background
In July 2002 the defendant shot and killed a victim during a robbery and later pleaded guilty to three counts of second‑degree murder, receiving concurrent sentences of 18 years to life. After her conviction was affirmed, she filed a CPL 440.47 motion in 2020 seeking vacatur and resentencing pursuant to the Domestic Violence Survivors Justice Act, alleging she was a victim of domestic violence at the time of the offenses. The hearing concluded that she failed to establish the requisite domestic‑violence victim status.
Procedural history
The defendant was convicted of three counts of second‑degree murder for a 2002 robbery‑related shooting and sentenced to concurrent terms of 18 years to life. In 2020 she moved to vacate the sentence under CPL 440.47 invoking the Domestic Violence Survivors Justice Act; the trial court denied the motion.