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.