§ 440.47 Motion for resentence; domestic violence cases.\n 1. (a) Notwithstanding any contrary provision of law, any person\nconfined in an institution operated by the department of correction and\ncommunity supervision serving a sentence with a minimum or determinate\nterm of eight years or more for an offense committed prior to the\neffective date of this section and eligible for an alternative sentence\npursuant to section 60.12 of the penal law may, on or after such\neffective date, submit to the judge or justice who imposed the original\nsentence upon such person a request to apply for resentencing in\naccordance with section 60.12 of the penal law. Such person must include\nin his or her request documentation proving that she or he is confined\nin an institution operated by the department of corrections and\ncommunity supervision serving a sentence with a minimum or determinate\nterm of eight years or more for an offense committed prior to the\neffective date of this section and that she or he is serving such\nsentence for any offense eligible for an alternative sentence under\nsection 60.12 of the penal law.\n (b) If, at the time of such person's request to apply for resentencing\npursuant to this section, the original sentencing judge or justice is a\njudge or justice of a court of competent jurisdiction, but such court is\nnot the court in which the original sentence was imposed, then the\nrequest shall be randomly assigned to another judge or justice of the\ncourt in which the original sentence was imposed. If the original\nsentencing judge is no longer a judge or justice of a court of competent\njurisdiction, then the request shall be randomly assigned to another\njudge or justice of the court.\n (c) If the court finds that such person has met the requirements to\napply for resentencing in paragraph (a) of this subdivision, the court\nshall notify such person that he or she may submit an application for\nresentencing. Upon such notification, the person may request that the\ncourt assign him or her an attorney for the preparation of and\nproceedings on the application for resentencing pursuant to this\nsection. The attorney shall be assigned in accordance with the\nprovisions of subdivision one of section seven hundred seventeen and\nsubdivision four of section seven hundred twenty-two of the county law\nand the related provisions of article eighteen-A of such law.\n (d) If the court finds that such person has not met the requirements\nto apply for resentencing in paragraph (a) of subdivision one of this\nsection, the court shall notify such person and dismiss his or her\nrequest without prejudice.\n 2. (a) Upon the court's receipt of an application for resentencing,\nthe court shall promptly notify the appropriate district attorney and\nprovide such district attorney with a copy of the application.\n (b) If the judge or justice that received the application is not the\noriginal sentencing judge or justice, the application may be referred to\nthe original sentencing judge or justice provided that he or she is a\njudge or justice of a court of competent jurisdiction and that the\napplicant and the district attorney agree that the application should be\nreferred.\n (c) An application for resentencing pursuant to this section must\ninclude at least two pieces of evidence corroborating the applicant's\nclaim that he or she was, at the time of the offense, a victim of\ndomestic violence subjected to substantial physical, sexual or\npsychological abuse inflicted by a member of the same family or\nhousehold as the applicant as such term is defined in subdivision one of\nsection 530.11 of this chapter.\n At least one piece of evidence must be either a court record,\npre-sentence report, social services record, hospital record, sworn\nstatement from a witness to the domestic violence, law enforcement\nrecord, domestic incident report, or order of protection. Other evidence\nmay include, but shall not be limited to, lo
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