Summary
The Appellate Division, Second Department affirmed the Supreme Court's denial of the defendant's motion pursuant to CPL 440.47 to vacate his murder sentence and seek resentencing under Penal Law § 60.12. The court held that the defendant failed to make the required preliminary evidentiary showing of being a victim of domestic violence subjected to substantial psychological abuse by the murder victim. Because the submitted evidence did not corroborate the allegations or demonstrate that the alleged abuse was a significant contributing factor to the crimes, a hearing was not required.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court erred in denying the defendant’s CPL 440.47 motion to vacate his sentence without a hearing where the defendant failed to provide the required corroborating evidence of domestic violence.
Holdings
- The order denying the motion is affirmed because the defendant failed to satisfy the statutory burden of providing at least two pieces of corroborating evidence, including one admissible piece such as a court record or sworn statement, under CPL 440.47(2)(c).
Key quotations
“The motion itself, however, must make a preliminary evidentiary showing consisting of "at least two pieces of evidence corroborating the applicant's claim that he or she was, at the time of the offense, a victim of domestic violence subjected to substantial physical, sexual or psychological abuse inflicted by a member of the same family or household as the applicant as such term is defined in [CPL 530.11(1)]" (id. § 440.47[2][c]).”
“As the defendant failed to meet his burden pursuant to CPL 440.47(2)(c), the Supreme Court was not required to hold a hearing before denying the motion.”
Factual background
In 2009 the defendant was convicted of second‑degree murder of his cousin and two weapons offenses. He later claimed that his cousin’s affair with his wife subjected him to substantial psychological abuse, which he alleged was a contributing factor to the offenses. The evidence he submitted consisted of his trial testimony, a 2002 letter to his wife, and a 2012 forensic‑psychiatric evaluation, none of which corroborated the alleged abuse.
Procedural history
The defendant was convicted in 2009 of murder and weapons offenses. The Appellate Division reduced the murder sentence. In May 2021 the defendant moved under CPL 440.47 to vacate his sentence, alleging domestic‑violence‑related psychological abuse, but the Supreme Court denied the motion without a hearing. The defendant appealed.