PEOPLE v. GALLOWAY (2024)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Antoine GALLOWAY, Defendant–Appellant.

3035

Decided: November 14, 2024

Kern, J.P., Kapnick, Kennedy, Higgitt, O'Neill Levy, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Nicole P. Geoglis of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Jennifer Mitchell of counsel), for respondent.

Order, Supreme Court, New York County (Gilbert C. Hong, J.), entered on or about December 9, 2021, which denied defendant's CPL 440.47 motion for resentencing under the Domestic Violence Survivors Justice Act (DVSJA), unanimously affirmed.

The court correctly denied defendant's motion for resentencing under the DVSJA because defendant failed to demonstrate that he was a victim of “substantial” abuse “at the time of” the offense (Penal Law § 60.12[1][a]; see People v. Williams, 198 A.D.3d 466, 466, 152 N.Y.S.3d 575 [1st Dept. 2021], lv denied 37 N.Y.3d 1165, 160 N.Y.S.3d 685, 181 N.E.3d 1113 [2022]). The evidence was not sufficient to support a finding that defendant suffered “ongoing” physical and psychological abuse (see Williams, 198 A.D.3d at 467, 152 N.Y.S.3d 575). Accordingly, we need not reach defendant's arguments with respect to the other prerequisites for resentencing (see id.).

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