People v. DM
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Summary

In this New York state case, D.M. was resentenced under the Domestic Violence Survivors Justice Act. Her cocaine use and role in a homicide were tied to years of physical, sexual, and mental abuse. The court found 15 years too harsh.

2021 | State Juristiction

People v. DM

Keywords Domestic Violence Survivors Justice Act; D.M.; resentencing; New York; cocaine use; homicide; physical abuse; sexual abuse; mental abuse
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Case Summary: People v. D.M.

This New York case involved the resentencing of D.M. under the Domestic Violence Survivors Justice Act (DVSJA). The court's decision addressed the significant impact of prolonged physical, sexual, and psychological abuse on D.M.'s cocaine substance use and subsequent involvement in a homicide. The original sentence of 15 years was deemed excessive in light of these mitigating circumstances.

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Case Summary

The New York case of D.M. exemplifies the application of the Domestic Violence Survivors Justice Act (DVSJA). The resentencing reflects the court's recognition of a mitigating link between D.M.'s cocaine addiction, involvement in a homicide, and a history of protracted physical, sexual, and psychological abuse. The original fifteen-year sentence was deemed excessive in light of these circumstances.

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D.M.'s Resentencing

D.M., involved in a New York homicide case, received a reduced sentence under the Domestic Violence Survivors Justice Act. The court recognized the connection between her cocaine use, participation in the crime, and a history of extensive abuse, including physical, sexual, and psychological trauma. Fifteen years was deemed excessive given these circumstances.

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D.M.'s Case

D.M. from New York got a new sentence. A special law called the Domestic Violence Survivors Justice Act helped her. She had used cocaine and was involved in a killing. The court decided that this was because she had been hurt for many years. Someone had been violent to her physically, sexually, and psychologically. The first sentence of 15 years was considered too long.

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Footnotes and Citation

Cite

72 Misc.3d 960 (2021)

Highlights