## Facts

- Nicole Addimando, a mother of two with no prior criminal record, fatally shot her domestic partner, Christopher Grover, in the head while he lay on a couch.
- At trial, the prosecution proved the homicide and Addimando was convicted of second-degree murder and second-degree criminal possession of a weapon.
- At sentencing, Addimando sought an alternative, reduced sentence under Penal Law § 60.12 (Domestic Violence Survivors Justice Act (DVSJA)).
- At a DVSJA hearing, Addimando presented evidence, including testimony, photographs, and witnesses, that Grover repeatedly subjected her to severe physical and sexual abuse.
- She also presented evidence that, on the night of the shooting, Grover raped her and threatened to kill her while she slept.
- The sentencing court denied DVSJA relief, finding the abuse proof insufficiently definite, emphasizing that Addimando had alternatives and resources to leave, and concluding the shooting circumstances did not warrant a reduced sentence.
- The sentencing court imposed 19 years to life for murder and a concurrent determinate 15-year term plus five years’ postrelease supervision for the weapon offense.
- Addimando appealed, challenging the convictions and, principally, the denial of DVSJA sentencing relief.

## Issues

1. Whether the sentencing court properly applied Penal Law § 60.12 (DVSJA) in denying an alternative, reduced sentence based on domestic-violence survivor status.
2. Whether the appellate court should modify the sentence in the interest of justice based on the DVSJA record.

## Decision

- The appellate court affirmed the convictions.
- The court held the sentencing court did not properly apply the DVSJA.
- The court modified the judgment by reducing the sentences under the DVSJA:
  - Murder in the second degree: reduced to a determinate term of 7.5 years’ imprisonment plus five years’ postrelease supervision.
  - Criminal possession of a weapon in the second degree: reduced to a determinate term of 3.5 years’ imprisonment plus five years’ postrelease supervision, concurrent.
- The court imposed the reduced sentence directly rather than remitting for resentencing.

## Legal Principles

- Penal Law § 60.12 authorizes an alternative, reduced sentence where the defendant proves:
  - the defendant was a victim of domestic violence at the time of the offense;
  - the abuse was a significant contributing factor to the defendant’s criminal behavior; and
  - a sentence under otherwise applicable provisions would be unduly harsh.
- A sentencing court must apply the statutory criteria as written and may not add extra-statutory requirements about how a survivor should have responded to abuse (e.g., requiring proof that the defendant safely left or fully used external resources).
- In assessing “unduly harsh,” courts may consider the effects of prolonged abuse on a survivor’s perceived options, the severity and duration of the abuse, and individualized circumstances (including criminal history and caregiving responsibilities).
- An appellate court may modify a sentence on the facts and as a matter of discretion in the interest of justice, including by imposing a DVSJA alternative sentence where the record supports the statutory findings.

## Conclusion

The appellate court concluded that the DVSJA applied because the evidence showed Addimando was a domestic-violence victim, the abuse significantly contributed to the offense, and the original sentence was unduly harsh; it therefore affirmed the convictions but substantially reduced the sentence under Penal Law § 60.12.


People v. Addimando, 197 A.D.3d 106, 152 N.Y.S.3d 33 (N.Y. App. Div. 2d Dep’t 2021)