Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04679
People v Daniel M.-A.
Read the official decision: 2026 NY Slip Op 04679
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Holding The court affirmed the denial of the defendant’s application for resentencing under the DVSJA because he failed to establish a temporal nexus between his childhood abuse and the offense. Consequently, the failure to prove the first element of the statute automatically resulted in the failure of the second and third elements.
The court’s words
defendant failed to meet his burden of establishing by a preponderance of the evidence that he was "a victim of substantial abuse during the years leading up to the [offense]"
2026 NY Slip Op 04679, at the official text
Where a defendant fails to establish their burden of proof as to the first element, the second and third elements fail automatically
2026 NY Slip Op 04679, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04679 |
| Area of law | Criminal Law |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04679 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 539 |
Recommended citation
ESQ HQ, New York Law Watch, People v Daniel M.-A., 2026 NY Slip Op 04679 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04679/
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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