People v Herrnkind

Holding The appeal regarding the denial of resentencing under the Domestic Violence Survivors Justice Act was dismissed as academic because the defendant had already served her sentence. The court affirmed the denial of the motion to seal records and proceed anonymously, finding the defendant failed to demonstrate compelling circumstances or establish she was a victim of a sex offense.

The court’s words

her contentions regarding her entitlement to resentencing under the DVSJA have been rendered academic, as she has already served the challenged sentence

2026 NY Slip Op 05554, at the official text

the defendant failed to establish that she was the victim of a sex offense as defined by Civil Rights Law § 50-b

2026 NY Slip Op 05554, at the official text

she failed to demonstrate compelling circumstances to seal the record of the motion, as the majority of the information contained therein was already made public

2026 NY Slip Op 05554, at the official text

the defendant submitted an attorney affirmation that made only a brief statement that the defendant might suffer further mental harm if her identity was revealed

2026 NY Slip Op 05554, at the official text