People v Albert D.

Holding The court affirmed the denial of the defendant’s motion for resentencing under the Domestic Violence Survivors Justice Act because he failed to establish a temporal nexus between the childhood abuse he suffered and the offense committed decades later. Additionally, the court found that the alleged recent abuse by his spouse did not constitute substantial abuse as required by the statute.

The court’s words

the statutory language requiring that the abuse occur at the time of the instant offense would be rendered meaningless unless it created a requirement that a temporal nexus exist between the abuse and the offense

2026 NY Slip Op 06361, at the official text

defendant failed to demonstrate any temporal connection between his father's abuse during his childhood and his underlying criminal offense some 40 years later

2026 NY Slip Op 06361, at the official text

the alleged condemnable behavior did not constitute substantial abuse as is contemplated by the DVSJA

2026 NY Slip Op 06361, at the official text