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
| Court | Appellate Division, Third Department |
|---|---|
| Decided | September 3, 2026 |
| Citation | 2026 NY Slip Op 05216 |
| Area of law | Criminal Procedure |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05216 |
| 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 | 216 |
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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