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Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05815

People v M.W.

Read the official decision: 2026 NY Slip Op 05815

Holding The Supreme Court erred in denying the defendant’s motion for resentencing under the Domestic Violence Survivors Justice Act without a hearing because the defendant submitted sufficient corroborating evidence. The matter is remitted for a hearing to determine if the defendant should be resentenced in accordance with Penal Law § 60.12.

The court’s words

the defendant's evidence in support of his motion included affidavits of his cousin and friend, as well as hospital records

2026 NY Slip Op 05815, at the official text

the Supreme Court was required to conduct a hearing to aid in making its determination of whether [he] should be resentenced

2026 NY Slip Op 05815, at the official text
CourtAppellate Division, Second Department
DecidedOctober 7, 2026
Citation2026 NY Slip Op 05815
Area of lawCriminal Law
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05815
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1038

Recommended citation

ESQ HQ, New York Law Watch, People v M.W., 2026 NY Slip Op 05815 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05815/

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 October 7, 2026. Updated October 7, 2026.