New York Court of Appeals
People v. Brenda WW.
June 17, 20252025 NY Slip Op 03643
Summary
The Court held that the Appellate Division properly exercised plenary authority to independently review the record and substitute its judgment in granting resentencing under the Domestic Violence Survivors Justice Act. It also held that a DVSJA resentencing requires an actual term of postrelease supervision and that excess incarceration cannot be credited against that term. Because the Appellate Division may have selected the maximum supervision term based on the contrary assumption, the Court remitted for reconsideration of the appropriate term while otherwise affirming.