Bronx Supreme Court reduces sentence following successful CPL 440.20 motion


After a jury trial, Mr. R was convicted of manslaughter and criminal facilitation charges, and sentenced to determinate terms in prison on both. Post-conviction, CAL argued that the sentencing was improper, as criminal facilitation is a non-violent class C felony requiring an indeterminate sentence. The Supreme Court agreed, and vacated Mr. R’s 15-year sentence for criminal facilitation and remitted for resentencing. The prosecution requested a new sentence of 7 ½ to 15 years, but in an acknowledgement of the significant mitigating facts presented at resentencing, the court sentenced Mr. R to 6 to 12 years. CAL attorney Shaina Watrous represented Mr. R throughout the proceedings.