People v Croney

Holding The court held that a defendant has a right to appeal a prehearing dismissal of a DVSJA resentencing application under CPL 440.47. However, the court affirmed the dismissal because the defendant failed to meet his evidentiary burden to establish a temporal nexus between the domestic abuse and the underlying offense.

The court’s words

Nothing in CPL 440.47 (3)’s statutory text limits a defendant’s right to appeal from ‘an order denying resentencing’ whether made without a hearing or after a hearing.

251 AD3d 168, at the official text

Supreme Court providently denied defendant’s application for resentencing because he failed to submit evidence sufficient to establish a temporal nexus between either the abuse he suffered or the related abusive relationship and the underlying offense.

251 AD3d 168, at the official text