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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05815 |
| Area of law | Criminal Law |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05815 |
| 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 | 1038 |
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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