CRIME VICTIMS BOARD – New York Appellate Digest https://www.newyorkappellatedigest.com Sun, 06 Dec 2020 00:46:11 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/Favicon-Blue-01-36x36.png CRIME VICTIMS BOARD – New York Appellate Digest https://www.newyorkappellatedigest.com 32 32 171315692 Funeral-Expense Award from NYS Crime Victims Board Should Not Have Been Reduced by 50% Based on the Victim’s Alleged Involvement in Criminal Activity https://www.newyorkappellatedigest.com/2013/10/09/funeral-expense-award-from-nys-crime-victims-board-should-not-have-been-reduced-by-50-based-on-the-victims-alleged-involvement-in-criminal-activity/ Wed, 09 Oct 2013 14:04:19 +0000 http://newyorkappellatedigest.com/?p=21501 The Second Department determined that the reimbursement of funeral expenses from the NYS Crime Victims Board should not have been reduced by 50% on the ground that the victim engaged in conduct contributing to the crime.  The court wrote:

… [G]eneral knowledge that narcotics sellers are subject to a greater risk of being violently murdered is not sufficient to supply a record-based relationship between the subject homicide and the victim’s alleged conduct. Under the particular circumstances of this case, the [Office of Victim Services] determination affirming the decision reducing the petitioner’s award by 50% based upon a finding that the victim engaged in culpable conduct “logically and rationally related to the crime by which the victim was victimized” (9 NYCRR 525.3[b]) was “taken without sound basis in reason or regard to the facts”… . Matter of Cox v Office of Victim Servs, 2013 NY Slip Op 06566, 2nd Dept 10-9-13

 

]]> 21501