Page 17 - WCBA CLE 6-14-2022

15

company. The discovery that the vehicle's registration was suspended gave the
troopers an independent, nonpretexual basis to impound the vehicle. Following the
discovery of the suspended registration due to an insurance lapse, the vehicle was in
fact impounded and a satisfactory inventory list of the vehicle's contents was
generated.

People v Addimando, 197 AD3d 106 [July 14, 2021][Justice Rivera, opinion;
Justices Mastro, Hinds-Radix, Duffy concur]:

HOLDING ON APPEAL: The county court did not properly apply the Domestic Violence
Survivor's Act, Penal Law § 60.12, when sentencing defendant because defendant
established, through her lengthy testimony, photographs, and other evidence that the
victim repeatedly abused her physically and sexually. The sentenced was modified to a
term of 7 ½ years and

FACTS: In September 2017, the defendant fatally shot the victim who was her domestic
partner and the father of her two children. After trial, the jury rejected the defendant’s
battered women’s syndrome justification defense and found her guilty of murder in the
second degree and criminal possession of a weapon in the second degree. The
defendant moved to be sentenced under the DV Survivor’s Act and following a hearing,
the County Court denied the motion and sentenced her to an indeterminate term of
incarceration of 19 years to life. This Court found that the evidence, which included a
detailed history of repeated sexual, physical, and psychological abuse by the victim
against defendant, expert testimony regarding the impact of that abuse on defendant,
and defendant's testimony regarding the events prior to the subject shooting,
established that the abuse was a significant contributing factor to defendant's criminal
behavior, therefore, a sentence in accordance with the Domestic Survivor's Act was
warranted.

FORECLOSURE:

Emigrant Bank v Cohen, 2022 NY Slip Op 02532 [Apr 20, 2022][Justice Dillon,
opinion; Justices LaSalle, Roman, Genovesi concur]:

HOLDING ON APPEAL: Strict compliance with RPAPL 1304 is satisfied so long as the
duration and an amount of the default is contained in the notice; any continuing dispute
over the specific amount is an issue that must await the parties' later litigation.

FACTS: In July 2018, the plaintiff commenced this action to foreclose the mortgage

7