New York Criminal Attorney Blog
In People v. Brenda WW, the New York Court of Appeals addressed how the Domestic Violence Survivors Justice Act (DVSJA) should be applied on appeal. Specifically, the Court clarified that while an appellate court has full authority to resentence a defendant under the DVSJA, it may not reduce or eliminate the mandatory postrelease supervision term by crediting excess time already served.
This decision underscores the importance of understanding both the procedural and sentencing implications of the DVSJA for those incarcerated as a result of surviving prolonged abuse.
The Background of the Case
Brenda WW was convicted of first-degree manslaughter, assault, and a weapons offense for killing her abusive husband. She received a sentence of twenty years to life, along with a five-year postrelease supervision term. Years later, she applied for resentencing under the DVSJA, which allows sentencing relief for incarcerated survivors of domestic abuse if they can prove that abuse was a significant factor in their offense.
Brenda presented extensive evidence that her husband had subjected her to years of brutal physical, emotional, and sexual abuse, including cigarette burns, strangulation, and repeated assaults. Based on this history, she argued that her twenty-year sentence was unduly harsh and requested relief under the DVSJA.
The DVSJA and Sentencing Authority
As previously discussed, under New York’s DVSJA, codified at CPL 440.47, a court may resentence a defendant if three conditions are met: the person was a victim of substantial domestic abuse at the time of the offense; that abuse was a significant contributing factor to the crime; and the original sentence was excessive given the circumstances. If a court grants DVSJA relief, it may impose a reduced sentence, but must also include a mandatory post-release supervision term between two and a half and five years, as required by Penal Law § 60.12 and § 70.45(2)(f).
Brenda’s initial DVSJA motion was denied by the trial court. However, the Appellate Division reversed, finding she met all three statutory requirements. The appellate court resentenced her to the maximum DVSJA prison term—eight years for each offense to run concurrently—and imposed five years of postrelease supervision. But because she had already served more than fifteen years in prison, the appellate court credited the excess time against the five-year post-release supervision term, effectively reducing it to zero.
The Court of Appeals’ Ruling
The Court of Appeals affirmed the Appellate Division’s authority to fully review the DVSJA claim and impose a new sentence. However, it ruled that the appellate court erred by subtracting Brenda’s excess time in prison from the mandatory post-release supervision term.
According to the Court, the DVSJA does not permit a court to eliminate the supervision period based on time already served in custody. The statute clearly mandates that any new sentence imposed under the DVSJA must include at least two and a half years of postrelease supervision. The purpose of this requirement is to support rehabilitation and community reintegration—goals that cannot be fulfilled if supervision is eliminated.
As a result, the Court remanded the case back to the Appellate Division to impose a legally proper term of postrelease supervision, in accordance with the statute.
What This Means for Incarcerated Survivors
This decision makes two important points clear. First, the Appellate Division has the power to fully reconsider DVSJA applications when a lower court denies relief. If a trial judge rules against a resentencing motion, the appellate court can review the evidence and impose a new sentence without deference.
Second, although a defendant may serve more time than the DVSJA sentence allows, that excess time cannot be credited toward mandatory supervision. The law requires that all DVSJA resentences include a period of postrelease supervision, regardless of how long the person has already been incarcerated.
For anyone currently serving time and considering a DVSJA application, this case highlights how important it is to structure the request carefully and with full knowledge of how the law applies. While relief is possible—even on appeal—defendants should not assume that additional prison time will reduce or cancel out their supervision period.
Call Tilem & Associates to Discuss DVSJA Relief
If you or a loved one is serving a prison sentence for a crime that resulted from surviving domestic violence, you may be eligible for resentencing under the DVSJA. However, the process is legally complex, and one misstep could result in missed opportunities or unlawful sentencing outcomes.
Tilem & Associates has extensive experience representing survivors and challenging overly harsh sentences. We understand what it takes to build a persuasive application and, if necessary, appeal an unjust result.
Call us today at (877) 377-8666 to schedule a confidential consultation and find out how we can help you pursue the justice you deserve.