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Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04678

People v Sean S.

Read the official decision: 2026 NY Slip Op 04678

Holding The court affirmed the denial of the defendant’s application for resentencing under the Domestic Violence Survivors Justice Act, finding that he failed to establish by a preponderance of the evidence that his childhood abuse was a significant contributing factor to his criminal behavior. The majority held that the defendant’s proof did not sufficiently link his past trauma to the specific acts of robbery and murder, which were instead attributed to other factors such as drug use and a desire to escape.

The court’s words

his submissions fell short of establishing by the requisite preponderance of the evidence that his childhood trauma was a significant contributing factor in his criminal behavior against the victims

2026 NY Slip Op 04678, at the official text

defendant in his affidavit attributed the criminal behavior to his consumption of alcohol and drugs on the day of the incident

2026 NY Slip Op 04678, at the official text

the DVSJA was meant to target a specific type of unjust sentencing—not to provide a mechanism for all victims of childhood trauma to escape responsibility for their actions

2026 NY Slip Op 04678, at the official text
CourtAppellate Division, Fourth Department
DecidedJuly 24, 2026
Citation2026 NY Slip Op 04678
Area of lawCriminal Law
WeekWeek ending July 25, 2026
Official textOfficial decision: 2026 NY Slip Op 04678
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id217

Recommended citation

ESQ HQ, New York Law Watch, People v Sean S., 2026 NY Slip Op 04678 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04678/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published July 24, 2026. Updated July 24, 2026.