People v. Addimando

Nicole Addimando (defendant) fatally shot her domestic partner, Christopher Grover, in the head while he was lying on the couch. Addimando, a 32-year-old mother of two with no prior criminal record, was convicted of second-degree murder and criminal possession of a weapon. At sentencing, Addimando moved to be sentenced under New York’s Domestic Violence Survivors Justice Act (DVSJA), seeking a reduced sentence due to domestic violence. At a hearing, Addimando testified, provided photos, and called witnesses to show that Grover repeatedly and sadistically physically and sexually abused Addimando. Regarding the night of the shooting, Addimando testified that Grover raped her and told her he planned to kill her in her sleep. However, the trial court concluded that (1) the abuse allegations were not sufficiently definite as to the extent of abuse or the abuser’s identity, (2) Addimando had resources available to her that would have allowed her to escape the abusive situation without taking Grover’s life, and (3) the nature of the shooting did not support a reduced sentence. The trial court therefore denied Addimando’s motion to be sentenced under the DVSJA. The court sentenced Addimando to an indeterminate sentence of 19 years to life for the murder conviction and a definite sentence of 15 years plus five years’ probation for the criminal-possession conviction, with the sentences to run concurrently. Addimando appealed.