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Westchester County resident Jonitha Alston, age 35, of New Rochelle, will be freed after acting State Supreme Court Justice Robert Neary vacated her original 12-year sentence and resentenced her to five years in prison.
The move followed a recommendation from Westchester County District Attorney Miriam Rocah for a reduced sentence under New York’s 2019 Domestic Violence Survivors Justice Act (DVSJA).
The law allows for shorter sentences in cases where a defendant has suffered sexual, psychological, or physical abuse that significantly contributed to their criminal conduct.
In February 2017, a Westchester County grand jury charged Alston with second-degree murder in the death of Dennis Graham in December 2016.
She claimed that Graham became physical with her then five-year-old daughter and grabbed a knife when she tried intervening, according to prosecutors.
During the ensuing struggle, Graham dropped the knife and Alston picked it up and stabbed him with it, prosecutors said.
Graham suffered two stab wounds and several superficial scratches. He later died from his injuries.
Alston told investigators that over the course of their three-year relationship, Graham psychologically and physically abused her, and discouraged her from taking her prescribed antipsychotic medication.
She also has an extensive history of suffering physical and psychological abuse, prosecutors said.
Alston was evaluated by two psychiatrists, who agreed that Alston acted under extreme emotional disturbance at the time of the crime and credited her increasing fear and suspiciousness of Graham.
As part of a negotiated settlement, Alston pleaded guilty to first-degree manslaughter and was sentenced to 12 years behind bars in October 2017.
Rocah’s recommended five-year resentence is the maximum allowed under the DVSJA. At the time of Justice Neary’s order, Alston had already served nearly five years in prison.
As part of her new sentence, Alston must complete another five years of post-release supervision.
“The Domestic Violence Survivors Justice Act is an important evolution in the way the criminal justice system views survivors of abuse,” DA Rocah said in a statement.
“The legislation is narrowly crafted and requires a strict set of eligibility requirements, which we took into consideration during our careful and thorough evaluation of this request.”
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