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Appellate Division, Third Department · September 3, 2026 · 2026 NY Slip Op 05216

People v Shawn A.

Read the official decision: 2026 NY Slip Op 05216

Holding The court held that a step one dismissal of a request to apply for resentencing under the Domestic Violence Survivors Justice Act is not appealable as of right because it does not constitute an order denying resentencing. The majority reasoned that the pre-application phase is distinct from the merits of the resentencing application and does not trigger the statutory right to appeal.

The court’s words

It is evident from the plain language contained herein that such dismissal cannot constitute an order denying resentencing

2026 NY Slip Op 05216, at the official text

the pre-application procedure does not implicate the merits of resentencing

2026 NY Slip Op 05216, at the official text

the order dismissing defendant's request to file an application for DVSJA relief is not appealable

2026 NY Slip Op 05216, at the official text
CourtAppellate Division, Third Department
DecidedSeptember 3, 2026
Citation2026 NY Slip Op 05216
Area of lawCriminal Procedure
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05216
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id216

Recommended citation

ESQ HQ, New York Law Watch, People v Shawn A., 2026 NY Slip Op 05216 (Appellate Division, Third Department, September 3, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05216/

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 September 3, 2026. Updated September 3, 2026.