This article explores how recent precedent-setting victories in New York’s Third Department have showcased the promise and impact of the Domestic Violence Survivors Justice Act and highlights the positive outcomes achieved for survivors and the legal implications of these victories. The authors “hope to shed light on the importance of this legislation and its potential to reform the criminal justice system’s approach to domestic violence survivors in New York.”
марта 11, 2024 at 10:00 AM
By Karin Portlock and Brian Yeh | марта 11, 2024 at 10:00 AM
New York State courts have recently broken new ground under the Domestic Violence Survivors Justice Act (DVSJA), with two major decisions from the Third Department that promise a more searching review of lower court denials of DVSJA applications and swifter release from incarceration for successful applicants.
Karin Portlock, partner at Gibson Dunn. Courtesy Photo
The first, People of the State of New York v. Liz L., 201 N.Y.S.3d 514 (3d Dept. 2023), is a powerful ruling that led to the applicant’s immediate release from prison and represents an evolution in the rigor expected of resentencing courts’ DVSJA decisions and those of appellate courts reviewing lower court sentencing determinations under the statute.
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