People v Nymeen C.

Holding An order dismissing an application for resentencing pursuant to the Domestic Violence Survivors Justice Act without prejudice is appealable as of right because it constitutes an order denying resentencing. The court affirmed the dismissal because the defendant failed to provide evidence corroborating that she was a victim of domestic violence at the specific time of the offense.

The court’s words

an order ‘‘dismiss[ing]’’ an application for resentencing pursuant to the Domestic Violence Survivors Justice Act (DVSJA) ‘‘without prejudice’’ pursuant to CPL 440.47 (2) (d) is appealable

252 AD3d 1, at the official text

the effect of an order ‘‘dismissing’’ a resentencing application is that the defendant has been denied resentencing

252 AD3d 1, at the official text

the defendant failed to submit any evidence ‘‘corroborating [her] claim that . . . she was, at the time of the offense, a victim of domestic violence subjected to substantial physical, sexual or psychological abuse inflicted by a member of the same family or household’’

252 AD3d 1, at the official text