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                                    WESTCHESTER COUNTY BAR ASSOCIATION
                                                   CLE JUNE 14, 2022

                             APPELLATE DIVISION, SECOND JUDICIAL DEPARTMENT,
                                                  NYS SUPREME COURT


                                           RECENT SIGNIFICANT OPINIONS



               DOMESTIC VIOLENCE

                       People v Addimando, 197 AD3d 106


                       Opinion - Hon. R. Rivera, July 14, 2021 - Hon. William Mastro, Hon. Sylvia
                       Hinds Radix, Hon. Colleen Duffy concur

               Question Presented: Did the County Court properly apply the Domestic Violence
               Survivors Justice Act PL 60.12?


               PL 60.12 - Permits courts to impose reduced alternative sentences in certain
               cases involving victims of domestic violence


               HOLDING:  Appellate Division rejects as error County Court’s methodology,
                              approach, application and analysis of the 3 factors set forth in DV
                              Survivor’s Act



               FACTS:

                              - D convicted of Murder in the Second Degree (PL 125.25[1])
                              - Criminal Possession of a Weapon in the Second Degree (PL
                              265.03[1][b])

                       - D fatally shot the victim Christopher Grover


                              - domestic partner
                              - father of their 2 small children
                              - victim was sleeping
                              - children were in home sleeping




                       - Testimony at trial: D was subjected to brutal physical and sexual abuse

                       - Jury rejected D’s battered women’s syndrome justification
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