People v. Shawn A. — Early DVSJA resentencing dismissal cannot be appealed
The Third Department held that a without-prejudice dismissal at the first stage of a Domestic Violence Survivors Justice Act resentencing request is not appealable.
The Third Department held that a without-prejudice dismissal at the first stage of a Domestic Violence Survivors Justice Act resentencing request is not appealable.
The First Department exercised interest-of-justice discretion to send a 17-year-old’s weapon case to Family Court because prosecutors had not shown extraordinary circumstances overcoming Raise the Age’s removal presumption.
The Second Department held that release on bail pauses CPL 30.30(2)(a)’s 90-day custody clock and that later recommitment resumes, rather than resets, the count.
The Second Department upheld Suffolk County’s DWI vehicle-forfeiture law and found forfeiture of a $21,000 Nissan proportionate to a repeat felony DWI involving extreme speeding.