People v. Brenda WW.
Attorneys and Parties
Brief Summary
Criminal law—resentencing under the Domestic Violence Survivors Justice Act (DVSJA) and whether excess incarceration can be credited toward postrelease supervision (PRS).
County Court denied defendant’s application for resentencing under CPL 440.47 [resentencing procedure for certain domestic violence survivors under the DVSJA] after a hearing.
The Appellate Division’s prior crediting of defendant’s excess incarceration against her PRS term under the DVSJA.
The Court of Appeals held that time incarcerated beyond a reduced DVSJA sentence cannot be credited against the mandatory PRS term and remitted for the Appellate Division to set an appropriate PRS term in its discretion under Penal Law § 70.45 (2)(f) [sets permissible ranges of postrelease supervision for determinate sentences].
Background
Defendant sought DVSJA resentencing under CPL 440.47, arguing eligibility for alternative sentencing as a domestic violence survivor. County Court denied the application after a hearing. On appeal, the Appellate Division previously modified by reducing the prison terms to eight years on the top counts and imposed five years of PRS, crediting excess incarceration toward PRS. The Court of Appeals later held that such crediting is impermissible and remitted for the Appellate Division to impose an appropriate PRS term.
Lower Court Decision
County Court of Madison County denied the DVSJA resentencing application pursuant to CPL 440.47 after a hearing.
Appellate Division Reversal
Upon remittal from the Court of Appeals, the Appellate Division again reduced the sentences to determinate terms of eight years for manslaughter in the first degree and eight years for assault in the first degree, plus a two-year determinate term for criminal possession of a weapon in the third degree, all concurrent. Exercising its discretion under Penal Law § 70.45 (2)(f), it imposed three years of PRS on the two top counts, eliminating any credit of excess incarceration toward PRS, and remitted to County Court for further proceedings under CPL 470.45 [procedures on remittal after appellate modification].
Legal Significance
Clarifies that excess time served cannot offset mandatory PRS following DVSJA resentencing and that appellate courts may set PRS within the statutory range under Penal Law § 70.45 (2)(f) on remittal from the Court of Appeals.
In DVSJA resentencings, courts must impose a PRS term pursuant to Penal Law § 70.45; overserved incarceration cannot be credited against PRS. Here, the Appellate Division set PRS at three years while maintaining reduced eight-year determinate terms.