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DEFENDANT IN THIS MANSLAUGHTER CASE WAS THE VICTIM OF DOMESTIC VIOLENCE AND SHOULD HAVE BEEN SENTENCED UNDER THE ALTERNATIVE SENTENCING SCHEME IN THE DOMESTIC VIOLENCE SURVIVORS JUSTICE ACT (FOURTH DEPT). ​

The Fourth Department determined defendant should have been sentenced in accordance with the Domestic Violence Survivors Justice Act (DVSJA) in this manslaughter prosecution and reduced her incarceration to four years:

Penal Law § 60.12 (1) … provides an alternative sentencing scheme that the sentencing court may apply where it determines that “(a) at the time of the instant offense, the defendant was a victim of domestic violence subjected to substantial physical, sexual or psychological abuse inflicted by a member of the same family or household as the defendant as such term is defined in .. ; (b) such abuse was a significant contributing factor to the defendant’s criminal behavior; [and] (c) having regard for the nature and circumstances of the crime and the history, character and condition of the defendant, that a sentence of imprisonment pursuant to [Penal Law §§ 70.00, 70.02, 70.06 or 70.71 (2) or (3)] would be unduly harsh.”

Here, we conclude that a preponderance of the evidence supports both a finding that defendant was a victim of domestic violence during her relationship with the victim and was subjected to “substantial physical, sexual or psychological abuse” and a finding that “such abuse was a significant contributing factor to the defendant’s criminal behavior” … . We further conclude that sentencing defendant pursuant to the normal sentencing guidelines would be “unduly harsh” in light of the “nature and circumstances of the crime and the history, character and condition of the defendant” … . People v Partlow, 2023 NY Slip Op 02479, Fourth Dept 5-9-23

Practice Point: The defendant in this manslaughter prosecution was a victim of domestic violence. She met the criteria for a reduced sentence pursuant to the Domestic Violence Survivors Justice Act.

 

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