New York Law Watch
Criminal Law: 2026 decisions
Criminal offenses and substantive defenses are filed here, with Law Watch records on the elements of crimes, justification and the sufficiency of proof.
For Criminal Law, 2026 decisions, Law Watch lists 207 indexable decisions dated February 10, 2026 to November 12, 2026 across 14 decision weeks.
302 decision records: 207 meet the substance floor; 95 records are held from search listings.
Week ending November 14, 2026
Browse the week ending November 14, 2026
- People v Fioranelli2026 NY Slip Op 06582
The conviction for assault in the third degree and official misconduct was affirmed because the evidence was legally sufficient and not against the weight of the evidence. The court determined that the defendant, a police officer, lacked reasonable grounds to use pepper spray on a restrained victim.
- People v J.M.2026 NY Slip Op 06580
The appellate court affirmed the conviction and sentence but modified the judgment by striking probation conditions 14, 15, and 24 as unopposed. The court upheld the remaining probation conditions as reasonably related to the defendant’s rehabilitation, while declining to review unpreserved constitutional challenges.
- People v Henry2026 NY Slip Op 06579
The conviction for attempted burglary in the second degree was reversed due to ineffective assistance of counsel, as the grand jury evidence was legally insufficient to establish the requisite intent to commit a crime. The court found that counsel’s failure to properly litigate the insufficiency of the evidence after receiving the grand jury minutes implicated the voluntariness of the defendant’s guilty plea and waiver of appeal.
- People v Hart2026 NY Slip Op 06595
The court affirmed the conviction, determining that the defendant knowingly, voluntarily, and intelligently waived his right to appeal through a combined oral and written waiver. Consequently, the defendant’s challenges to the severity of the sentence and fine were precluded, while his plea voluntariness claims were deemed unpreserved.
- People v Ellis2026 NY Slip Op 06594
The appellate court affirmed the conviction, determining that the defendant’s appeal waiver was valid and voluntary despite being discussed after the plea. The court further held that the defendant’s unpreserved challenges to the voluntariness of the plea and the constitutionality of the statute were properly barred from review.
- People v Morrison2026 NY Slip Op 06593
The court affirmed the defendant’s convictions for second-degree murder and related offenses, finding that the weight of the evidence supported the jury’s rejection of the mental disease or defect defense. The court also determined that the trial court did not err in refusing to instruct the jury on justification and that the defendant’s claims of ineffective assistance of counsel were without merit.
- People v Valdes-Pica2026 NY Slip Op 06589
The appellate court affirmed the conviction, determining that the defendant’s valid appeal waiver precluded his challenge to the severity of the enhanced sentence. Additionally, the court found the defendant’s claim that his guilty plea was not knowingly and voluntarily made was unpreserved because he failed to pursue it in a postallocution motion.
- People v Mulverhill2026 NY Slip Op 06588
The court reversed the judgment and ordered a new trial because the trial court improperly denied for-cause challenges to prospective jurors who expressed bias based on the number of charges. The court found that the jurors were not adequately rehabilitated, and the defendant’s exhaustion of peremptory challenges rendered the error reversible.
- People v Wilson2026 NY Slip Op 06558
The court modified the judgment to strike probation conditions requiring the payment of a surcharge and fees, as well as a prohibition on gang affiliation, finding them not reasonably related to rehabilitation. The court affirmed the remaining probation conditions, including those related to drug testing and avoiding disreputable people, as reasonably related to the defendant’s rehabilitation.
- People v Campbell2026 NY Slip Op 06560
The court affirmed the conviction and sentence, holding that the defendant waived his right to appeal the excessive sentence claim. Additionally, the court found that the defendant waived his argument regarding jury determination of tolling periods by admitting the allegations in the Predicate Felony Statement.
- People v Francois2026 NY Slip Op 06559
The court modified the probation conditions by striking those requiring payment of surcharges, firearm restrictions, gang-related restrictions, and consent to searches, as they were not reasonably related to rehabilitation. The court affirmed the remaining conditions, including those related to substance abuse and family support, as reasonably necessary.
- People v Rivera2026 NY Slip Op 06557
The conviction for burglary in the second degree was reversed because the trial court erroneously instructed the jury that the defendant could be convicted based on unlawfully remaining in the building. Because the jury was presented with mutually exclusive circumstances for entry and remaining, the error was not subject to harmless error analysis.
- People v Canady2026 NY Slip Op 06556
The court affirmed the defendant’s designation as a level three sexually violent offender, rejecting the argument that age-based risk factors should be ignored based on scientific research. Although the lower court’s findings were insufficient, the upward departure was justified by the severity of the defendant’s conduct, including rape and murder.
Week ending November 7, 2026
Browse the week ending November 7, 2026
- People v Hough2026 NY Slip Op 06534
The court struck probation conditions 10, 15, 22, 23, and 24 because they were not reasonably related to the defendant’s rehabilitation, such as imposing fees or requiring substance abuse testing without evidence of related offenses. The court affirmed the conviction and sentence otherwise, declining to review unpreserved constitutional and statutory challenges to other conditions.
- People v Kemp2026 NY Slip Op 06532
The court struck four probation conditions as not reasonably related to the defendant’s rehabilitation, including prohibitions on gang affiliation and requirements for drug, alcohol, and psychiatric treatment. The court affirmed the remaining aspects of the judgment, noting that the defendant’s valid appeal waiver foreclosed review of his excessive sentence claim and as-applied constitutional challenges.
- People v Lopez2026 NY Slip Op 06531
The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, finding that the court providently exercised its discretion in denying a downward departure. The court determined that the mitigating factors cited by the defendant were adequately considered by the risk assessment instrument and did not warrant an exceptional response.
- People v Mendes2026 NY Slip Op 06530
The conviction for manslaughter in the first degree was affirmed because the defendant was not entitled to notice of the Grand Jury proceeding before arraignment and the Batson challenge failed. The jury’s verdict was supported by the evidence, including the defendant’s repeated statements of intent to kill and the inference drawn from the severity of the stabbing.
- People v Dones2026 NY Slip Op 06494
The Appellate Division affirmed the revocation of probation and imposition of concurrent four-year prison terms, finding the sentence not harsh or excessive. The court noted that the defendant had been previously warned of incarceration for a second violation and had fled from a traffic stop.
- People v Baublitz2026 NY Slip Op 06493
The appellate court affirmed the convictions for burglary in the first degree and attempted robbery in the second degree, finding the verdict supported by legally sufficient evidence and not against the weight of the evidence. The court also held that the trial court did not abuse its discretion in denying a missing witness charge and that the defendant received meaningful representation.
- People v Grugan2026 NY Slip Op 06492
The appellate court affirmed the conviction for predatory sexual assault against a child, finding that the evidence was legally sufficient and not against the weight of the evidence to establish the element of oral sexual conduct. The court also declined to modify the sentence of 15 years to life in prison, determining it was not unduly harsh or severe.
- People v Wilson2026 NY Slip Op 06491
The court affirmed the convictions, finding that the evidence sufficiently proved the defendant was the driver of the vehicle and that the DWI charges were not inclusory concurrent counts of the vehicular assault charges. The court also rejected the defendant’s weight of the evidence challenge and his claims regarding the suppression of pre-Miranda statements.
- People v Herbert2026 NY Slip Op 06490
The court affirmed the conviction, finding that the accomplice testimony was sufficiently corroborated by phone records and physical evidence to establish constructive possession of the drugs. Additionally, the court held that the trial court did not err in admitting the phone records under Molineux or in denying the defendant’s CPL 440.10 motion without appointing counsel.
- People v Jacobs2026 NY Slip Op 06489
The court affirmed the judgment, finding that the defendant’s admission of a probation violation was knowing, voluntary, and intelligent. The appellate court determined that the defendant’s claim of coercion was conclusory and unsupported by the record, which showed she acted freely after consulting with counsel.
- People v Crawley2026 NY Slip Op 06488
The appellate court affirmed the judgment, finding that the evidence was sufficient to support the convictions for aggravated driving while intoxicated and related offenses, and that the warrantless arrest and vehicle search were supported by probable cause. The court further determined that the testimony regarding field sobriety tests was admissible as part of the narrative of events leading to the arrest.
- People v Dreyer2026 NY Slip Op 06471
The County Court properly designated the defendant a level two sex offender under the Sex Offender Registration Act. The court affirmed the assessment of points for risk factors 5 and 7, finding that the People established the victims’ ages and the nature of the relationship by clear and convincing evidence.
- People v Tietje2026 NY Slip Op 06467
The appellate court affirmed the judgment of conviction for operating a motor vehicle while under the influence of alcohol, finding that the defendant’s challenges to the ignition interlock device condition and the surcharge were unpreserved for review and without merit. The court also determined that the defendant’s remaining contention was academic.
- People v Sasso2026 NY Slip Op 06464
The court affirmed the convictions but modified the judgment to make all sentences run concurrently, finding the original consecutive sentence excessive. The court declined to review mixed claims of ineffective assistance of counsel, directing the defendant to pursue them in a CPL 440.10 proceeding.
- People v Reyes-Fuentes2026 NY Slip Op 06462
The court affirmed the judgments, holding that the defendant’s valid waiver of the right to appeal precluded review of sentence excessiveness and factual sufficiency challenges. However, the court reviewed the claim that factual insufficiency rendered the pleas involuntary, finding the pleas were voluntary and intelligent because the defendant admitted to each element of the charged crimes.
- People v Portillo2026 NY Slip Op 06460
The judgment of conviction for rape in the first degree and other sexual offenses is affirmed because the evidence was legally sufficient and the verdict was not against the weight of the evidence. The court also held that the trial court properly limited cross-examination regarding a speculative motive to fabricate and that the sentence was not excessive.
- People v Lang2026 NY Slip Op 06455
The court affirmed the conviction, holding that the odor of marijuana emanating from a vehicle provided sufficient probable cause to search the vehicle and its occupants under the law existing in 2020. Additionally, the trial court did not abuse its discretion in limiting cross-examination regarding unsubstantiated allegations of witness misconduct.
- People v Abbosov2026 NY Slip Op 06450
The appellate court affirmed the conviction, finding that the trial court properly denied a motion for a mistrial regarding interpreter accuracy and appropriately limited cross-examination on collateral issues. Additionally, the court determined that the defendant’s right to be present was not violated because the excluded colloquy involved only questions of law or procedure.
Week ending October 31, 2026
Browse the week ending October 31, 2026
- People v Albert D.2026 NY Slip Op 06361
The court affirmed the denial of the defendant’s motion for resentencing under the Domestic Violence Survivors Justice Act because he failed to establish a temporal nexus between the childhood abuse he suffered and the offense committed decades later. Additionally, the court found that the alleged recent abuse by his spouse did not constitute substantial abuse as required by the statute.
- People v Feldman2026 NY Slip Op 06389
The court affirmed the conviction and sentence, finding that police had reasonable suspicion to stop the defendant and probable cause to arrest him after he pushed a detective and open warrants were discovered. The court also rejected the defendant’s Batson challenge and his CPL 440.20 motion to set aside the sentence based on recent federal precedent.
- People v Hart2026 NY Slip Op 06360
The court held that the defendant’s kidnapping conviction merged with his assault conviction because the restraint and the underlying crime occurred simultaneously as part of a single, uninterrupted episode. Consequently, the kidnapping conviction was reversed and dismissed, while the remaining convictions and sentences were affirmed.
- People v Bradford2026 NY Slip Op 06359
The appellate court affirmed the convictions and sentences, finding that the trial court properly admitted evidence to establish the time frames of the abuse and did not commit reversible error in limiting cross-examination regarding the victims’ credibility. The court further determined that the sentences were not unduly harsh and the orders of protection were appropriately issued.
- People v Franklin2026 NY Slip Op 06358
The court affirmed the conviction and sentence, holding that the defendant’s constitutional challenge to his mandatory persistent violent felony offender status was unpreserved because he did not contest his criminal history during the plea colloquy. The court declined to exercise its interest of justice jurisdiction to review the unpreserved issue.
- People v Perry2026 NY Slip Op 06357
The court affirmed the conviction for criminal possession of a weapon in the second degree, finding that the evidence of the defendant’s knowledge and control of the firearm was legally sufficient and supported by the weight of the evidence. The court also upheld the suppression court’s finding that police had reasonable suspicion to stop the vehicle based on the defendant’s illegal U-turn and flight from the scene of a shooting.
- People v Smith2026 NY Slip Op 06356
The court affirmed the defendant’s convictions for attempted murder and robbery, finding the evidence sufficient in weight and rejecting the suppression of GPS ankle monitor data due to the parolee’s reduced expectation of privacy. However, the court vacated the conviction for attempted murder in the second degree as an inclusory concurrent count of the first-degree charge.
- People v Hampton2026 NY Slip Op 06355
The court held that the defendant’s waiver of the right to appeal was invalid because it did not clearly advise that the right to pursue collateral relief survived. Consequently, the court reviewed the sentence for severity but affirmed the judgment, finding the sentence not unduly harsh given it ran concurrently with a longer unrelated sentence.
- People v Hassett2026 NY Slip Op 06354
The court affirmed the convictions for criminal obstruction of breathing, aggravated criminal contempt, and first-degree criminal contempt, finding the evidence sufficient and the trial court’s denial of the defendant’s request for self-representation proper. The court also rejected claims of ineffective assistance of counsel and improper admission of evidence regarding the defendant’s attempts to lift the order of protection.
- People v Gilyard2026 NY Slip Op 06353
The appellate court affirmed the conviction and sentence, determining that the defendant’s unchallenged waiver of the right to appeal precluded his Eighth Amendment and youthful offender status challenges. Additionally, the court declined to exercise its power to take corrective action because the defendant failed to preserve his claims regarding the indictment’s jurisdictional defect and the facial constitutionality of the statute.
- People v Lopez2026 NY Slip Op 06336
The appellate court affirmed the defendant’s designation as a level two sex offender, finding that his argument for a downward departure was unpreserved because he did not request it at the hearing. Additionally, the court determined that the defendant failed to establish that a downward departure was warranted based on the risk assessment points.
- People v Call2026 NY Slip Op 06335
The Appellate Division reversed the defendant’s designation as a level three sex offender and designated him a level two sex offender because the People failed to prove aggravating circumstances warranting an upward departure. The court affirmed the denial of the defendant’s application for a downward departure, finding that the substantial age disparity between the parties warranted maintaining the presumptive risk level.
- People v Romero-Lopez2026 NY Slip Op 06331
The court reversed the conviction and ordered a new trial because the trial court improperly precluded cross-examination of the complaining witness regarding her drug use and mental health diagnosis. The court found these errors were not harmless because the evidence of guilt was not overwhelming and the errors may have contributed to the conviction.
- People v Reyes2026 NY Slip Op 06330
The court affirmed the convictions for kidnapping, rape, and endangering the welfare of a child, finding that the defendant’s statements were not the product of custodial interrogation and that no Brady violation occurred. However, the court modified the sentence by reducing the kidnapping term and directing that all sentences run concurrently.
- People v Pichardo2026 NY Slip Op 06328
The court affirmed the conviction for second-degree murder and first-degree burglary, finding that the defendant’s statements were voluntarily made after a valid waiver of Miranda rights. The appellate court further determined that the evidence was legally sufficient and not against the weight of the evidence, and that any error regarding a missing witness charge was harmless.
- People v Matos-Colon2026 NY Slip Op 06322
The court affirmed the conviction, finding that the trial court’s denial of a mistrial was harmless error because the curative instruction and overwhelming evidence of guilt negated any prejudice from the improperly played portion of a controlled call. Additionally, the court held that the defendant failed to preserve his sentencing arguments for appellate review.
- People v Irick2026 NY Slip Op 06321
The defendant’s challenge to his sentencing as a second felony offender was unpreserved for appellate review because he did not contest his status at the sentencing hearing. The court declined to exercise its interest of justice jurisdiction to reach the unpreserved issue.
- People v Chocoj-Marroquin2026 NY Slip Op 06316
The appellate court affirmed the judgment despite finding that the defendant’s waiver of the right to appeal was not knowingly, voluntarily, and intelligently made due to the trial court’s failure to properly advise him of the attendant rights and the scope of the waiver. However, the court determined that the sentence imposed was not excessive, thereby upholding the conviction and sentence.
- People v Brown2026 NY Slip Op 06315
The court affirmed the judgment, finding the defendant’s claim regarding the voluntariness of her plea was unpreserved and without merit. Additionally, the court held that the delay in the appeal caused by counsel substitutions was not properly before the court on the appeal from the judgment.
- People v Garcia2026 NY Slip Op 06263
The court modified the judgment to vacate the conviction for criminal obstruction of breathing or blood circulation and dismiss that count to effectuate the plea bargain. The court affirmed the remaining conviction for strangulation in the second degree and declined to address the ineffective assistance claim.
- People v Eligio2026 NY Slip Op 06261
The court affirmed the conviction and sentence, holding that the defendant’s ineffective assistance of counsel claim regarding the gun licensing law’s constitutionality was unreviewable on direct appeal because it required matters outside the record. Additionally, the court found no ineffective assistance because the underlying constitutional claim was unavailing.
- People v Mears2026 NY Slip Op 06237
A justification instruction pursuant to Penal Law § 35.15 is available for a charge of endangering the welfare of a child when the prosecution’s case is premised on the defendant’s use of force. The refusal to give this instruction was not harmless error where a reasonable view of the evidence supported the defense.
Week ending October 24, 2026
Browse the week ending October 24, 2026
- People v Daly2026 NY Slip Op 06222
The Appellate Division affirmed the conviction and sentence, finding that the trial court properly admitted the surveillance video based on the totality of the evidence. The court determined that any uncertainty regarding the video’s authenticity went to its weight rather than its admissibility.
- People v Silver2026 NY Slip Op 06220
The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, finding that the court properly declined to grant a downward departure. The court determined that the risk assessment instrument adequately accounted for the defendant’s mitigating factors, which were outweighed by the egregiousness of the underlying child abuse offense.
- People v Smith2026 NY Slip Op 06215
The court struck probation conditions requiring the defendant to support dependents, refrain from gang association, and pay mandatory surcharges, finding them not reasonably related to rehabilitation due to a lack of evidence of children or gang affiliation. The court affirmed the conviction and other probation conditions, noting that the defendant’s valid appeal waiver foreclosed review of his excessive sentence claim.
- People v D.M.2026 NY Slip Op 06212
The court affirmed the conviction but vacated the mandatory surcharge and crime victim assistance fee because the defendant was sentenced after the legislature repealed the statutory provisions authorizing such fees for youthful offenders. The court further held that the omission of a specific element during the plea allocution and the sequencing of trial rights discussions did not render the guilty plea invalid.
- People v Gregory2026 NY Slip Op 06211
The court affirmed the conviction for criminal possession of a weapon in the second degree, finding the evidence legally sufficient and not against the weight of the evidence. The court also upheld the denial of the suppression motion, determining that the defendant’s abandonment of the firearm constituted an intentional relinquishment of any privacy interest.
- People v Rodriguez2026 NY Slip Op 06209
The court affirmed the convictions and sentences, finding that the defendant’s valid waiver of the right to appeal foreclosed review of his challenges to the search warrant and excessive sentence. However, the court exercised its discretion in the interest of justice to vacate the surcharge and fees imposed at sentencing.
- People v Quick2026 NY Slip Op 06176
The court affirmed the conviction for criminal possession of a controlled substance in the fifth degree, finding that the evidence was sufficient to establish intent to sell. The court determined that possession of a substantial quantity of buprenorphine within a prison setting provided circumstantial proof of intent to sell, despite the absence of packaging materials.
- People v Bombard2026 NY Slip Op 06175
The court reversed the burglary conviction due to insufficient evidence proving the defendant had the intent to commit a crime at the moment of entry. It also ordered a new trial on the criminal trespass charge because the trial court erroneously precluded evidence of the defendant’s state of mind regarding permission to enter.
- People v Winston2026 NY Slip Op 06174
The court affirmed the convictions but modified the sentences, reducing the tampering sentence to 1 to 4 years and the possession sentence to 4.5 years in the interest of justice. The court found that the original maximum sentence was unduly harsh given the disparity with the codefendant’s sentence and the defendant’s acquittal on the intent to sell charge.
- People v Morrishaw2026 NY Slip Op 06173
The court affirmed the defendant’s convictions for promoting prison contraband and criminal possession of a weapon, finding that the evidence was legally sufficient and not against the weight of the evidence. The court also rejected the defendant’s arguments regarding the suppression of statements and the admission of prior bad acts evidence.
- People v McCoy2026 NY Slip Op 06172
The Appellate Division affirmed the sentence imposed on the defendant, finding it was not harsh and severe despite the disparity between the pretrial plea offer and the post-trial sentence. The court emphasized the defendant’s extensive criminal history, his failure to accept responsibility, and his disrespectful behavior during the prosecution as key factors justifying the sentence.
- People v McCoy2026 NY Slip Op 06171
The Appellate Division affirmed the sentence for criminal possession of a controlled substance in the third degree, finding it was not unduly harsh or severe. The court determined that the trial court properly considered all relevant factors, including the defendant’s criminal history and lack of accountability, despite the defendant’s arguments regarding trial deficiencies.
- People v Brown2026 NY Slip Op 06170
The court affirmed the convictions for burglary in the first degree and assault in the second degree, finding that the evidence was legally sufficient and supported by the weight of the evidence. The court also declined to correct the unpreserved challenge to the empanelment of an anonymous jury in the interest of justice.
- People v Sanchez2026 NY Slip Op 06152
The court affirmed the defendant’s level two sex offender designation and the denial of a downward departure, but modified the order to remove the sexually violent offender designation. The court found that the evidence sufficiently supported the risk assessment points and that the significant age disparity between the parties precluded a downward departure based on the victim’s lack of consent.
- People v Vincent2026 NY Slip Op 06149
The conviction was reversed and the case remitted for a new trial because the trial court improperly admitted a police detective’s opinion on surveillance video footage, which usurped the jury’s fact-finding role, and admitted Molineux testimony where the prejudicial effect substantially outweighed its probative value. The court found these errors were not harmless given that the evidence of guilt was not overwhelming.
- People v Sanchez2026 NY Slip Op 06147
The court affirmed the conviction for grand larceny in the third degree, finding the evidence of property value legally sufficient. The court declined to review the ineffective assistance of counsel claim on direct appeal, directing the defendant to pursue it via a CPL 440.10 proceeding.
- People v Piccinonno2026 NY Slip Op 06145
The appellate court affirmed the judgment, finding the evidence legally sufficient and not against the weight of the evidence to support the convictions for attempted assault and other charges. The court further held that the sentence was not excessive and that the disparity between the trial sentence and the plea offer did not establish vindictiveness.
- People v Malla2026 NY Slip Op 06142
The appellate court reduced the defendant’s seven-year prison sentence to three and one-half years because the lower court failed to adequately account for the four years of federal detention the defendant had already served. The court also determined that the defendant’s purported appeal waiver was invalid because the colloquy did not ensure he understood the distinction between the right to appeal and rights forfeited by a guilty plea.
- People v Knowlin2026 NY Slip Op 06140
The appellate court held that the defendant’s purported waiver of the right to appeal was invalid because the court failed to confirm his understanding of the written waiver and provided an unclear oral explanation. Consequently, the court reviewed the excessive sentence claim and affirmed the sentence as not excessive.
- People v Jackson2026 NY Slip Op 06139
The court held that while the defendant’s pre-Miranda statements in the holding cell were voluntary and spontaneous, the subsequent videotaped interrogation should have been suppressed because the initial pre-Miranda questioning constituted interrogation without a sufficient break. However, the error in admitting the videotaped interrogation was deemed harmless because the remaining evidence of guilt was overwhelming.
- People v Gouveia2026 NY Slip Op 06135
The court affirmed the conviction for manslaughter in the first degree, rejecting the defendant’s claim of ineffective assistance of counsel because trial counsel provided meaningful representation despite failing to introduce certain evidence or request a lesser included offense charge. The court determined that the defendant’s claims were based on unsubstantiated affidavits and that the overwhelming evidence of guilt negated any prejudice.
- People v Daniel2026 NY Slip Op 06133
The appellate court held that the defendant’s purported waiver of the right to appeal was invalid because it was not discussed as part of the plea bargain before the agreement was reached. Consequently, the court reviewed the excessive sentence claim and affirmed the sentence as not excessive.
- People v Chimborazo2026 NY Slip Op 06132
The judgments were reversed and the matter remitted for a new trial before a different Justice because the trial court conducted excessive and prejudicial questioning of witnesses, creating the impression that it was an advocate for the People. The court reached this unpreserved claim in the exercise of its interest of justice jurisdiction.
- People v Letang2026 NY Slip Op 06072
The conviction for criminal possession of a controlled substance was affirmed because the evidence was not against the weight of the evidence and the trial court properly admitted the narcotics despite chain of custody gaps. The court also properly precluded evidence of prior sales by another person and denied the motion to reopen the Mapp hearing based on conclusory allegations.
- People v Oquendo2026 NY Slip Op 06071
The court affirmed the defendant’s sentences, holding that he waived his argument regarding jury determination of tolling periods by freely admitting to them in the offender statements. Additionally, the court determined that the federal decision in Erlinger does not apply to New York’s tolling provisions.
- People v Gray2026 NY Slip Op 06070
The judgment convicting the defendant of scheme to defraud in the first degree is affirmed because the People proved beyond a reasonable doubt that the court had territorial jurisdiction. The defendant’s admission during plea allocution that he consigned stolen items to be sold in a New York auction house satisfied the jurisdictional requirements.
- People v Mercado2026 NY Slip Op 06069
The court affirmed the conviction, holding that the defendant’s Miranda waiver was valid and not limited to the specific subject of the bench warrant arrest. Additionally, the court found no due process violation in the curtailment of questioning regarding police deception, as the officers were lawfully permitted to question the defendant on the present charges despite his right to counsel attaching to unrelated charges.
Week ending October 17, 2026
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- People v Burton2026 NY Slip Op 06027
The court affirmed the conviction and sentence, rejecting the defendant’s claim that a minor overstatement of his maximum potential penalty rendered his guilty plea involuntary. However, the court vacated the surcharges and fees imposed at sentencing as a matter of discretion in the interest of justice.
- People v James2026 NY Slip Op 06026
The conviction for disorderly conduct was affirmed because the evidence was legally sufficient and not against the weight of the evidence, particularly regarding the defendant’s aggressive confrontation with police. The court rejected the defendant’s claims of prosecutorial misconduct and Brady violations, finding them unpreserved or unsupported by the record.
- People v Canty2026 NY Slip Op 06025
The Appellate Division affirmed the SORA court’s decision to adjudicate the defendant a level two sexually violent offender, finding no abuse of discretion in denying a downward departure. The court determined that the defendant’s treatment participation and other mitigating factors did not outweigh the egregiousness of the underlying offenses.
- People v Williams2026 NY Slip Op 06024
The court affirmed the conviction, noting that the defendant validly waived his right to appeal, which forecloses review of the suppression decision. Alternatively, the court held that the defendant lacked standing to challenge the search because he had no expectation of privacy in the apartment.
- People v Ortega2026 NY Slip Op 06022
The court affirmed the judgment and declined to review unpreserved challenges to probation conditions, finding them reasonably necessary and appropriate given the defendant’s history of substance abuse and the victim’s order of protection. The court also denied the request to modify the jurisdictional condition to allow visits to the defendant’s son, who lives with the protected victim.
- People v Tracey2026 NY Slip Op 06021
The court modified the judgment to vacate the mandatory surcharge and fees imposed on the defendant at sentencing. This relief was granted based on the court’s own interest of justice powers, noting that the People did not oppose the action.
- People v Roblee2026 NY Slip Op 06042
The court affirmed the conviction, determining that the defendant’s valid, knowing, and voluntary waiver of the right to appeal precluded his challenges to the sentence and the factual sufficiency of his plea. Additionally, the court held that a typographical error in the underlying order of protection did not constitute a nonwaivable jurisdictional defect that would survive the guilty plea.
- People v Hummel-Parker2026 NY Slip Op 06041
The court held that the defendant’s appeal waiver was invalid due to overbroad language that was not cured by the oral colloquy. However, the judgment was affirmed because the plea was voluntary and the enhanced sentence was not unduly harsh or severe.
- People v Rinzler2026 NY Slip Op 06039
The court affirmed the judgment, holding that the defendant’s guilty plea foreclosed his challenge to the sufficiency of the grand jury evidence. The court also determined that the indictment was not jurisdictionally defective because the counts incorporated the applicable statutory provisions.
- People v Downey2026 NY Slip Op 06038
The court held that the defendant did not validly waive his right to appeal due to overbroad language in the written waiver and a deficient oral colloquy. However, the court affirmed the sentence, finding it was not unduly harsh or severe given the nature of the crime.
- People v Berta2026 NY Slip Op 05983
The court affirmed the designation of the defendant as a level three sex offender, finding that he failed to establish that his age or health issues warranted a downward departure from the presumptive risk level. The appellate court determined that the defendant did not demonstrate that these factors resulted in an overassessment of his risk to public safety.
- People v Owoaje2026 NY Slip Op 05977
The judgment convicting the defendant of sexual abuse in the first degree and endangering the welfare of a child is affirmed. The court found no error in the replacement of an unsworn juror, the admission of DNA evidence, or the exclusion of certain hearsay and grand jury testimony, and determined that any improper prosecutorial comments were harmless.
- People v Manzi2026 NY Slip Op 05974
The court affirmed the judgment, holding that the County Court did not improperly delegate judicial authority by allowing the Probation Department to determine the appropriateness of specific program conditions. The court further determined that the defendant’s arguments regarding the tailoring of conditions and coercion were unpreserved for appellate review.
- People v Guzman2026 NY Slip Op 05972
The court vacated several convictions, including strangulation and assault, because the evidence was legally insufficient to prove physical injury or that the objects used were dangerous instruments. Additionally, certain counts were dismissed as duplicitous because they encompassed multiple acts, making it impossible to determine the basis for the guilty verdict.
- People v Gast2026 NY Slip Op 05970
The court affirmed the convictions, finding that the accomplice testimony was sufficiently corroborated to satisfy the legal requirements. However, the court modified the sentence to make the term for one count of burglary in the first degree as a hate crime run concurrently with all other sentences.
- People v Anaya2026 NY Slip Op 05913
The court affirmed the denial of the defendant’s petition to modify his sex offender classification, finding that mitigating factors were outweighed by the seriousness of the offense and recidivism. The defendant failed to establish that his age, health, or family support reduced his likelihood of reoffense.
Week ending October 10, 2026
Browse the week ending October 10, 2026
- People v Reynolds2026 NY Slip Op 05894
The court affirmed the convictions, finding that the search warrants satisfied the Aguilar-Spinelli test for probable cause despite the defendant’s hearsay objections. Additionally, the court determined that the defendant’s waiver of the right to appeal in the second appeal was invalid, though his specific challenges to the indictment were unpreserved.
- People v Quashawn C.2026 NY Slip Op 05892
The court reversed the judgment and vacated the guilty plea because the trial court abused its discretion in denying the removal of the adolescent offender’s case to Family Court. The People’s motion to prevent removal failed to meet statutory requirements for sworn facts based on personal knowledge and did not establish the requisite extraordinary circumstances.
- People v Sherman2026 NY Slip Op 05888
The court affirmed the conviction for criminal possession of a weapon in the second degree, finding the evidence legally sufficient and not against the weight of the evidence. However, the sentence was vacated and the matter remitted for resentencing because the trial court failed to follow the mandatory statutory procedures for sentencing a persistent violent felony offender.
- People v Wallace2026 NY Slip Op 05887
The court affirmed the judgment, finding that the defendant’s oral waiver of the right to appeal was valid and that his claims regarding a Brady violation and sentencing were forfeited or unpreserved. The court further determined that the defendant received meaningful representation and that the valid appeal waiver encompassed his challenge to the severity of the sentence.
- People v Robinson2026 NY Slip Op 05885
The court affirmed the convictions, finding sufficient evidence to establish the defendant’s liability as an accessory based on her shared intent and assistance in the principal’s actions. The court also rejected the defendant’s arguments regarding the weight of the evidence, the admissibility of expert testimony on slang, and the applicability of the Domestic Violence Survivors Justice Act.
- People v Cooper2026 NY Slip Op 05884
The court affirmed the conviction, holding that the victims’ testimony regarding multiple instances of sexual contact was relevant to the endangering the welfare of a child charges and did not constitute improper evidence of uncharged bad acts. The court further determined that the verdict was not against the weight of the evidence and that the sentence was not unduly harsh, though it corrected a clerical error regarding the concurrency of the sentences.
- People v Thomas2026 NY Slip Op 05879
The court affirmed the conviction, finding that the trial court did not abuse its discretion in denying an adjournment and that defense counsel provided meaningful representation. The court further determined that the evidence of intent to sell was legally sufficient and supported by the weight of the evidence.
- People v Steele2026 NY Slip Op 05878
The court modified the judgment by reducing the conviction of predatory sexual assault against a child to attempted rape in the first degree due to insufficient evidence of penetration. Additionally, the court reversed the conviction for criminal sexual act in the third degree and dismissed that count because the evidence was legally insufficient to support the specific conduct alleged in the indictment.
- People v Allen2026 NY Slip Op 05827
The court held that probation conditions requiring the installation of an ignition interlock device are illegal when the conviction is based on drug use rather than an alcohol-related offense. Consequently, the court vacated the specific probation conditions mandating the device in this case.
- People v Cuenca2026 NY Slip Op 05816
The court affirmed the designation of the defendant as a level two sex offender, finding that he failed to demonstrate by a preponderance of the evidence that his response to treatment was exceptional or that other mitigating factors warranted a downward departure from the presumptive risk level.
- People v M.W.2026 NY Slip Op 05815
The Supreme Court erred in denying the defendant’s motion for resentencing under the Domestic Violence Survivors Justice Act without a hearing because the defendant submitted sufficient corroborating evidence. The matter is remitted for a hearing to determine if the defendant should be resentenced in accordance with Penal Law § 60.12.
- People v Gardner2026 NY Slip Op 05809
The court held that the United States Supreme Court’s decision in Erlinger v United States does not require a jury to determine whether a defendant committed a predicate felony within the ten-year lookback period for second felony offender status. Instead, judges are constitutionally permitted to make these findings, including calculations regarding tolling periods, without a jury.
- People v Drago2026 NY Slip Op 05807
The court vacated the defendant’s petit larceny conviction and remanded for a new trial because the trial court failed to instruct the jury on the defense of a good faith claim of right. The majority determined that evidence, including prior removal of memorial items and a specific jury note, reasonably supported the defense, making the failure to charge it reversible error.
- People v Degraffenried2026 NY Slip Op 05806
The court affirmed the judgments, finding that the defendant violated a valid plea condition by contradicting his sworn admissions during a probation interview, which justified an enhanced sentence. Additionally, the court held that the defendant’s valid waiver of the right to appeal precluded review of the sentence’s excessiveness.
- People v Cammarata2026 NY Slip Op 05805
The court affirmed the conviction but modified the judgment to require that the sentences for concealment of a human corpse and tampering with physical evidence run concurrently. The court found that the People failed to establish that these convictions were separate and distinct offenses.
- People v Benson2026 NY Slip Op 05803
The court affirmed the conviction, finding that the evidence was legally sufficient and not against the weight of the evidence. The court also held that the admission of testimony regarding a confidential informant did not violate the Confrontation Clause because it was used to show the officers’ state of mind rather than for its truth.
- People v Adams2026 NY Slip Op 05745
The court modified the judgment to strike the probation condition requiring the defendant to pay a surcharge and fees, finding it not reasonably related to rehabilitation. The remainder of the judgment was affirmed, and the court declined to reduce the sentence despite an invalid waiver of appeal.
- People v O’Connor2026 NY Slip Op 05743
The court affirmed the denial of the defendant’s petition to modify his sex offender classification, finding that the conditions had not changed sufficiently to warrant a modification of his risk level three status. The court determined that the defendant’s mitigating factors were largely present at the initial adjudication and did not outweigh the seriousness of his underlying conviction and history of repeated sexual misconduct.
- People v Tolbert2026 NY Slip Op 05741
The court affirmed the judgment, holding that the defendant’s waiver of appeal was valid despite procedural irregularities and the omission of specific notice regarding appellate counsel. Consequently, the waiver foreclosed review of the excessive sentence claim and constitutional challenges to the probation conditions.
- People v Lantigua2026 NY Slip Op 05739
The conviction for unlawful surveillance in the second degree was affirmed because the evidence legally supported that the defendant acted surreptitiously and the victim was under clothing. The court also found no prosecutorial misconduct and no abuse of discretion in limiting impeachment evidence regarding the testifying officer.
- People v Gutierrez2026 NY Slip Op 05737
The court affirmed the conviction and sentence but modified the judgment to strike the probation condition requiring consent to searches of the defendant’s person, vehicle, or abode. The court found this specific condition was not reasonably related to the defendant’s rehabilitation, while upholding other probation conditions as reasonably necessary.
- People v Then2026 NY Slip Op 05736
The appellate court affirmed the defendant’s conviction for second-degree murder, finding the evidence legally sufficient and not against the weight of the evidence. The court rejected the defendant’s evidentiary and procedural claims, determining that any errors were either unpreserved or harmless given the overwhelming evidence of guilt.
- People v Robinson2026 NY Slip Op 05734
The court affirmed the defendant’s conviction for first-degree murder, finding that the circumstantial evidence was legally sufficient and not against the weight of the evidence. The court also upheld the trial court’s discretion in precluding third-party culpability evidence as speculative and inadmissible hearsay.
Week ending October 3, 2026
Browse the week ending October 3, 2026
- People v Rodgers2026 NY Slip Op 05657
The court affirmed the conviction for assault in the first degree, rejecting the defendant’s argument that the verdict was against the weight of the evidence. The appellate court determined that the jury’s credibility determinations regarding the victim’s testimony were entitled to great deference, particularly given the victim’s explanation for prior recantations.
- People v Davis2026 NY Slip Op 05650
The conviction for criminal possession of a weapon in the third degree was affirmed because the evidence established the defendant possessed a magazine holding 13 rounds, exceeding the statutory limit. The court held that the People were not required to prove the defendant was aware of the 2022 amendment or that DCJS conducted a sufficient outreach campaign.
- People v Murray2026 NY Slip Op 05642
The court affirmed the convictions for criminal possession of a weapon and controlled substances, but reversed the convictions for criminal possession of a firearm as inclusory concurrent counts. Additionally, the court modified the sentence to reduce the period of postrelease supervision to one year to comply with statutory limits.
- People v Ivery2026 NY Slip Op 05628
The court affirmed the conviction for second-degree murder, finding that the jury could reasonably conclude the defendant did not act in self-defense because the victim was not using deadly physical force and the defendant had the opportunity to retreat. The court also affirmed the denial of challenges for cause to two prospective jurors, noting their statements did not indicate a state of mind likely to preclude an impartial verdict.
- People v Littler2026 NY Slip Op 05627
The court affirmed the judgment, concluding that the sentence was not unduly harsh or severe even assuming the appeal waiver was invalid. The court also held that the defendant failed to preserve his challenge to the restitution amount by not objecting at sentencing.
- People v Golden2026 NY Slip Op 05620
The court affirmed the conviction, rejecting the defendant’s claim of ineffective assistance of counsel. The court determined that trial counsel’s failure to challenge the constitutionality of the weapon possession statute in light of Bruen was not deficient because such a motion would have had little or no chance of success.
- People v Schiff2026 NY Slip Op 05610
The court affirmed the conviction and sentence, finding that the defendant’s waiver of the right to appeal was invalid because the court failed to adequately explain the nature of the waiver and confirm the defendant’s understanding. However, the court declined to reach the defendant’s other claims regarding sentencing and plea conditions because they were not preserved for appellate review.
- People v Keyshawn F.2026 NY Slip Op 05608
The court affirmed the conviction for criminal possession of a weapon in the fourth degree, rejecting the defendant’s facial Second Amendment challenge to New York’s gun licensing regime. The court held that the defendant’s as-applied challenge based on age was unpreserved and alternatively failed on the merits.
- People v Luke2026 NY Slip Op 05604
The appellate court affirmed the conviction for burglary in the third degree, finding that the trial court properly denied the Batson challenge and that the evidence supported the jury’s verdict. The court also determined that the trial court did not err in denying the motion to compel production of defense counsel’s handwritten notes, which were protected by work-product privilege.
- People v Maldonado2026 NY Slip Op 05574
The court affirmed the convictions for attempted murder in the second degree and criminal possession of a weapon in the second degree, finding the evidence legally sufficient and supported by the weight of the evidence. Although the admission of Molineux evidence regarding a prior shooting was error, the court deemed it harmless given the overwhelming other evidence of defendant’s identity and intent.
- People v Miller2026 NY Slip Op 05573
The court affirmed the conviction, holding that the People satisfied their disclosure obligations under CPL 245.20 by providing a summary of the detective’s disciplinary history rather than full files, as the omitted details did not tend to impeach credibility. Additionally, the court found that the defendant’s statements were voluntary despite the use of leg restraints, and that the trial court properly determined the defendant was competent to stand trial and correctly denied a missing witness charge.
- People v Christopher P.2026 NY Slip Op 05571
The court vacated the sentence for criminal possession of a weapon in the second degree because the lower court failed to make an on-the-record determination of the defendant’s eligibility for youthful offender status. The court affirmed the conviction for attempted robbery in the second degree, finding the plea voluntary and the sentence appropriate.
- People v Rodriguez2026 NY Slip Op 05558
The appellate court affirmed the denial of youthful offender status but modified the sentence to run concurrently with other sentences as a matter of discretion in the interest of justice. The court found the original sentence excessive under the circumstances presented.
- People v Perez2026 NY Slip Op 05557
The appellate court affirmed the defendant’s convictions for assault in the second degree and criminal possession of a weapon in the third degree, finding the evidence legally sufficient and the verdict not against the weight of the evidence. The court also rejected the defendant’s claims of ineffective assistance of counsel and vindictive sentencing.
- People v Farquharson2026 NY Slip Op 05553
The court affirmed the conviction, finding that the admission of Molineux evidence, Sandoval ruling, and expert testimony on domestic violence were proper exercises of discretion. The court determined that the admission of the complainant’s delayed disclosure was harmless error given the overwhelming evidence of guilt.
- People v Murdaugh2026 NY Slip Op 05501
The court affirmed the conviction and sentence but struck probation conditions requiring the payment of surcharges and support of dependents, finding them unrelated to rehabilitation. It rejected the defendant’s Second Amendment challenge to the good moral character provision and upheld other probation conditions as reasonably necessary.
- People v Lebron2026 NY Slip Op 05499
The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, rejecting the argument for a downward departure to level one. The court determined that the mitigating factors presented were either already accounted for by the risk assessment instrument or were outweighed by the heinous nature of the crime against a child.
- People v Farfan2026 NY Slip Op 05497
The court affirmed the conviction and sentence, holding that while the waiver of the right to appeal was invalid, there was no basis to reduce the sentence based on a mistaken impression regarding the minimum term. The defendant failed to demonstrate that he would have been permitted to plead guilty for a lower term or that his plea was involuntary.
- People v Sanchez2026 NY Slip Op 05493
The conviction was affirmed because the trial court correctly found no inconsistency in the child-victim’s testimony and any errors regarding improper opinion testimony or untimely disclosure were harmless. The court determined that the doctor’s testimony was admissible and that the omitted disclosure did not constitute a material Brady violation.
- People v Miranda2026 NY Slip Op 05491
The court affirmed the adjudication of the defendant as a level two sexually violent offender, finding that the trial court properly declined a downward departure. The appellate court determined that the defendant’s mitigating factors, including treatment completion and health issues, were adequately accounted for by the risk assessment and outweighed by the seriousness of his conduct.
- People v Hernandez2026 NY Slip Op 05490
The court affirmed the conviction for criminal possession of a weapon in the fourth degree but modified the probation conditions by striking those requiring payment of surcharges, medical treatment, and gang-related restrictions. The court found these specific conditions were not reasonably related to the defendant’s rehabilitation or necessary to ensure he would lead a law-abiding life.
- People v Santos2026 NY Slip Op 05487
The court affirmed the conviction and sentence, finding that the suppression court properly denied the motion to suppress the firearm because probable cause existed for the arrest and search. Additionally, the court declined to review the defendant’s facial constitutional challenge to the good moral character provision due to a failure to preserve the claim.
Week ending September 26, 2026
Browse the week ending September 26, 2026
- People v Edmunds2026 NY Slip Op 05442
The court reversed the judgment and ordered a new trial because the trial court erred in denying a for-cause challenge to a prospective juror who made equivocal statements regarding her impartiality. The court found the evidence legally sufficient to support the conviction for menacing a police officer and upheld the validity of the waiver of indictment.
- People v Sabater2026 NY Slip Op 05459
The court held that the Supreme Court’s decision in Erlinger v United States does not require a jury to determine tolling periods for prior convictions under New York’s persistent felony offender statutes. Such determinations are considered rote arithmetic calculations based on certified public records and fall within the Almendarez-Torres exception allowing judicial findings of prior convictions.
- People v Melter2026 NY Slip Op 05429
The County Court properly designated the defendant a level two sex offender because his request for a downward departure was unpreserved for appellate review. Furthermore, the court found that a downward departure was not warranted as the mitigating factors were already accounted for in his risk score.
- People v Tucker2026 NY Slip Op 05425
The defendant’s waiver of the right to appeal was invalid because the oral colloquy was ambiguous and the court failed to discuss the written waiver, allowing appellate review of the excessive sentence claim. However, the sentence was affirmed because it was not excessive.
- People v Mills2026 NY Slip Op 05415
The court held that the purported waiver of the right to appeal was invalid because the record did not establish that the People, rather than the court, required it as a condition of the plea. Consequently, the court reviewed the excessive sentence claim and affirmed the sentence as not excessive.
- People v Brown2026 NY Slip Op 51522[U]
The court affirmed the conviction for forcible touching, finding the evidence legally sufficient and not against the weight of the evidence. The jury was justified in inferring the defendant’s intent to degrade or abuse the victim based on his non-consensual physical contact.
Week ending September 19, 2026
Browse the week ending September 19, 2026
- People v Edwards2026 NY Slip Op 05329
The court affirmed the designation of the defendant as a level three sex offender, finding that the County Court properly assessed points for continuous sexual misconduct and substance abuse. The defendant failed to meet the burden of proof required to sustain an application for a downward departure from the presumptive risk level.
- People v Sukram2026 NY Slip Op 05328
The court vacated the defendant’s adjudication as a second violent felony offender and substituted an adjudication as a second felony drug offender, reducing the sentence from 14 years to 8 years of imprisonment. The appellate court affirmed the conviction, finding that the photo array was not unduly suggestive and that the suppression of physical evidence was properly denied or constituted harmless error.
- People v McNeil2026 NY Slip Op 05327
The court affirmed the judgment, finding that the trial court did not improperly shift the burden of proof by directing defense counsel to address the defendant’s identity on cross-examination. Additionally, the court held that the defendant failed to demonstrate ineffective assistance of counsel or that the sentence was imposed in vindictive retaliation for exercising his right to trial.
- People v Kirton2026 NY Slip Op 05326
The appellate court affirmed the conviction for second-degree murder and criminal possession of a weapon, finding that the defendant’s statements were voluntary and the evidence was sufficient. Although the court found an error in admitting a SIM card due to a broken chain of custody, it deemed the error harmless given the overwhelming proof of guilt.
- People v Daley2026 NY Slip Op 05323
The court affirmed the conviction for criminal possession of a weapon in the third degree, finding that the evidence of constructive possession was legally sufficient and not against the weight of the evidence. The court also held that the search warrant was supported by probable cause and that the defendant failed to demonstrate a legitimate basis for disclosing the confidential informant’s identity.
Week ending September 12, 2026
Browse the week ending September 12, 2026
- People v Stanley2026 NY Slip Op 05244
The court affirmed the conviction, finding that the People exercised due diligence in their discovery obligations despite the late disclosure of body-worn camera footage. The court also held that probable cause existed for the warrantless search of the defendant incident to her lawful arrest.
Week ending September 5, 2026
Browse the week ending September 5, 2026
- People v Williams2026 NY Slip Op 05198
The court affirmed the convictions for assault in the first degree and criminal possession of a weapon in the third degree, finding the evidence legally sufficient and not against the weight of the evidence. The court also held that the trial court properly disqualified defense counsel due to a potential conflict of interest and correctly limited the jury instruction to the justification of deadly physical force.
- People v Truell2026 NY Slip Op 05197
The court affirmed the conviction for robbery in the first degree, finding that probable cause existed for the arrest and that exigent circumstances justified the warrantless search of a backpack. The court also determined that the admission of Molineux evidence was proper and any error was harmless, while rejecting claims of prosecutorial misconduct and ineffective assistance of counsel.
- People v Huff2026 NY Slip Op 05195
The court affirmed the conviction for conspiracy in the fourth degree, finding the evidence legally sufficient and not against the weight of the evidence. The admission of gang affiliation evidence was upheld as probative of motive and relationships, with any prejudice minimized by limiting instructions.
- People v Franco-Martinez2026 NY Slip Op 05194
The court affirmed the conviction, holding that pre-Miranda questioning regarding the defendant’s physical condition fell within the pedigree exception and did not invalidate the subsequent waiver. The court further found the evidence legally sufficient to establish intent to kill and that the jury’s rejection of the extreme emotional disturbance defense was not against the weight of the evidence.
- People v Deleon2026 NY Slip Op 05193
The court affirmed the judgment of conviction, determining that the verdict was not against the weight of the evidence based on witness identifications and the defendant’s statement. The court declined to review the ineffective assistance of counsel claim on direct appeal, directing that it be raised in a CPL 440.10 proceeding.
- People v Crisp2026 NY Slip Op 05192
The judgment of conviction is affirmed because the defendant failed to preserve his claims of unfair trial and ineffective assistance of counsel for appellate review. Additionally, the court granted the People’s motion to strike portions of the defendant’s reply brief that raised new arguments for the first time.
- Cohen v A 2019 Nissan2026 NY Slip Op 05158
The court affirmed the judgment directing the forfeiture of the vehicle, holding that the defendant’s challenges to the post-seizure hearing procedures were rendered academic by his stipulation to return the vehicle. The court further held that Suffolk County’s civil forfeiture statute was not preempted by state law and that the forfeiture did not constitute an excessive fine under the State and Federal Constitutions.
Week ending August 22, 2026
Browse the week ending August 22, 2026
- People v Sourour2026 NY Slip Op 51580[U]
The court affirmed the convictions for forcible touching and sexual abuse in the third degree, finding the verdict was not against the weight of the evidence. Additionally, the court upheld the probation conditions of home confinement and employment restrictions as reasonably related to the defendant’s rehabilitation.
- People v De Oliveira2026 NY Slip Op 51577[U]
The court affirmed the convictions for forcible touching and sexual abuse in the third degree, determining that the evidence was legally sufficient to prove that the defendant forcibly touched the complainant’s face, an intimate body part, for sexual gratification. The court also upheld the admission of prior bad act testimony as relevant to intent and motive, and found the sentences were not unduly harsh.
Week ending July 25, 2026
Browse the week ending July 25, 2026
- People v Gutschow2026 NY Slip Op 04718
The court affirmed the determination that the defendant is a level two risk under the Sex Offender Registration Act. The appellate court found that the People established by clear and convincing evidence that aggravating circumstances, including a large quantity of child sexual abuse material and self-reported addiction, justified an upward departure from the presumptive risk level.
- People v Hurst2026 NY Slip Op 04717
The court reversed the assault conviction and granted a new trial because the failure to preclude identification testimony was not harmless error for that specific count. Additionally, the burglary sentences were reduced to 15 years as unduly harsh and severe in the interest of justice.
- People v Turnage2026 NY Slip Op 04716
The court affirmed the judgment of conviction for attempted robbery in the second degree, concluding that the sentence was not unduly harsh or severe. The court further determined that the defendant’s remaining contention did not warrant modification or reversal of the judgment.
- People v Banks2026 NY Slip Op 04715
The court held that the defendant’s waiver of the right to appeal was invalid because the trial court failed to explain that the State would bear the costs of appeal if the defendant could not afford them. However, the court affirmed the judgment, concluding that the sentence imposed was not unduly harsh or severe.
- People v Collier2026 NY Slip Op 04714
The court affirmed the judgment of conviction for manslaughter in the first degree, finding that the defendant’s waiver of the right to appeal was knowing, voluntary, and intelligent. This valid waiver precluded the appellate court from reviewing the defendant’s challenge to the severity of the sentence.
- People v Rich2026 NY Slip Op 04713
The court affirmed the conviction and sentence, holding that the waiver of the right to appeal was not unconscionable per se and was a proper condition of the plea bargain. Additionally, the court determined that the sentence imposed for aggravated vehicular homicide was not unduly harsh or severe.
- People v Rhodes2026 NY Slip Op 04712
The court affirmed the conviction and sentence, finding the negotiated sentence not unduly harsh or severe even assuming the appeal waiver was invalid. The court ordered the certificate of conviction corrected to reflect that the defendant was sentenced as a second violent felony offender rather than a second felony offender.
- People v Berry2026 NY Slip Op 04705
The court affirmed the lower court’s decision to reduce the defendant’s risk level from three to two based on evidence of rehabilitation, but denied the request to reduce it to level one because the defendant failed to meet the clear and convincing evidence standard. The appellate court found no abuse of discretion in considering the nature of the offenses and the defendant’s recent release from prison.
- People v Gehm2026 NY Slip Op 04704
The appeal is dismissed because the record is insufficient for meaningful review as the defendant failed to include the risk assessment instrument and case summary. Additionally, the defendant’s challenge to specific risk factors is academic because he would still qualify as a level two risk even without the disputed points.
- People v Castaneda2026 NY Slip Op 04703
The court affirmed the determination that the defendant was a level three risk and a sexually violent offender under SORA. The court rejected the defendant’s ineffective assistance of counsel claims, finding that a downward departure was unlikely to succeed and that the defendant waived the communication claim by proceeding without an adjournment.
- People v Scharet2026 NY Slip Op 04700
The court affirmed the judgment, finding that the defendant validly waived her right to appeal because the court conducted the requisite colloquy before accepting the plea and ensured she understood the right she was forgoing. The waiver was deemed knowing, voluntary, and intelligent, and it encompassed her challenge to the severity of the sentence.
- People v Costa2026 NY Slip Op 04699
The court held that a waiver of the right to appeal during a plea proceeding does not encompass a challenge to the severity of a sentence imposed following a probation violation. However, the court affirmed the judgment, concluding that the sentence imposed was not unduly harsh or severe.
- People v Domingo-Nolasco2026 NY Slip Op 04693
The court affirmed the determination that the defendant was a level two risk under the Sex Offender Registration Act. The appellate court found that the People provided clear and convincing evidence that the victim was a stranger to the defendant, justifying the assessment of additional points under risk factor 7.
- People v Evans2026 NY Slip Op 04691
The court reversed the conviction for predatory sexual assault against a child under count 1 because the evidence was legally insufficient to prove the acts occurred over a period of at least three months. The court affirmed the remaining convictions and dismissed the appeal regarding the sentence as moot due to a subsequent resentencing.
- People v McCloud2026 NY Slip Op 04690
The Appellate Division affirmed the conviction, finding that the trial court did not abuse its discretion in denying a missing witness charge and that the prosecutor’s remarks did not deny the defendant a fair trial. The court also determined that defense counsel was not ineffective and that the defendant received meaningful representation.
- Matter of Mahoney v Garcia2026 NY Slip Op 04687
The court affirmed the lower court’s order directing the return of a handgun because the Sheriff failed to prove that the weapon was used in the commission of an offense. Since the use of the firearm was justifiable and not criminal, it did not qualify as a nuisance weapon under Penal Law § 400.05 (1).
- People v Goree2026 NY Slip Op 04682
The court affirmed the convictions for sexual abuse in the first degree and predatory sexual assault, finding the evidence legally sufficient and not against the weight of the evidence. However, the judgment was modified by reversing the conviction for rape in the first degree and dismissing count 1 because it was an inclusory concurrent count of the predatory sexual assault conviction.
- People v Jenkins2026 NY Slip Op 04677
The court reversed the convictions for attempted rape in the first degree and robbery in the first degree, finding the verdicts against the weight of the evidence. The People failed to prove the defendant intended to engage in sexual intercourse or to permanently deprive the victim of the emergency alarm.
- People v Riley2026 NY Slip Op 04669
The court affirmed the conviction for second-degree murder, finding that the circumstantial evidence, including video of the defendant wielding a shotgun and his subsequent conduct, sufficiently supported the inference that he intended to kill the victim. The court also rejected the ineffective assistance of counsel claim, determining that the defense’s focus on physical participation rather than mental capacity was a reasonable trial strategy.
- People v Malcomb2026 NY Slip Op 04667
The court affirmed the conviction but modified the sentence as a matter of discretion, reducing the enhanced term to a determinate three years. It held that the defendant’s failure to appear for sentencing violated the plea agreement, justifying the enhanced sentence, but the original term was unduly harsh given his minimal criminal history.
- People v Harrison2026 NY Slip Op 04662
The court affirmed the conviction for assault in the first degree, rejecting the defendant’s claims of evidentiary error and ineffective assistance of counsel. The court found no prejudice from the exclusion of a prior inconsistent statement because its substance was admitted via cross-examination, and no ineffective assistance because the missing witness claim was speculative and strategic.
- People v Thigpen2026 NY Slip Op 04661
The court affirmed the conviction, finding that the defendant’s ineffective assistance of counsel claim lacked merit because he received a favorable plea bargain and meaningful representation. The court further noted that any claims based on matters outside the record are properly addressed in a CPL 440.10 proceeding.
- People v Robinson2026 NY Slip Op 04654
The imposition of consecutive sentences for manslaughter and criminal possession of a weapon was legal because the defendant possessed the firearm before forming the intent to commit the violent crime. Although the defendant’s waiver of the right to appeal was invalid, the sentence was affirmed as not unduly harsh or severe.
- People v Williams2026 NY Slip Op 04653
The court modified the judgment by reducing the conviction for aggravated cruelty to animals to overdriving, torturing and injuring animals because the evidence was legally insufficient to prove the element of serious physical injury. The court rejected the defendant’s speedy trial claim, finding that the People complied with discovery obligations by making materials accessible.
- People v Johnson2026 NY Slip Op 04643
The court affirmed the determination that the defendant is a level two risk under the Sex Offender Registration Act, rejecting the request for a downward departure. The court found that the totality of the circumstances, including the defendant’s age and transfer of material, did not warrant a departure from the presumptive risk level.
- People v Jones2026 NY Slip Op 04641
The trial court did not abuse its discretion in admitting surveillance video and a photographic still image, as the evidence was properly authenticated through testimony regarding the chain of custody and the integrity of the footage. The court further held that the evidence was legally sufficient to support the conviction for criminal possession of a weapon and that defense counsel was not ineffective for failing to raise a constitutional challenge to the weapon statutes.
- People v Bordies2026 NY Slip Op 04640
The court affirmed the conviction for murder in the second degree and criminal possession of a weapon, rejecting claims of Brady violations, improper admission of gang evidence, and prosecutorial misconduct. The court found the evidence legally sufficient to support the jury’s verdict and the sentence was not unduly harsh.
- People v Evans2026 NY Slip Op 04638
The court affirmed the convictions, finding that the defendant knowingly waived his right to appeal, but allowed review of the sentence severity because the trial court failed to advise him of potential enhanced incarceration periods. The court ultimately determined that the aggregate enhanced sentence was not unduly harsh or severe.
- People v Cleveland2026 NY Slip Op 04637
The court affirmed the conviction, holding that the defendant’s waiver of the right to appeal was valid and knowing, even without a specific list of surviving claims. The court further determined that the defendant’s challenge to the enhanced sentence was waived or unpreserved because he failed to object or move to withdraw the plea.
- People v Smith2026 NY Slip Op 04636
The court affirmed the judgment of conviction for manslaughter in the first degree, noting that the defendant’s unchallenged waiver of the right to appeal foreclosed his challenge to the severity of the sentence. The court ordered the certificate of conviction and uniform sentence and commitment form to be amended to specify the correct subsection of the Penal Law.
- People v Reeder2026 NY Slip Op 04628
The court affirmed the conviction and sentence, determining that the defendant’s failure to appear at sentencing constituted a waiver of the right to be present and that the court conducted a sufficient inquiry before imposing an enhanced sentence. The court also ordered amendments to the sentencing documents to correctly reflect the defendant’s status as a second felony drug offender and the term of postrelease supervision.
- People v Curtis2026 NY Slip Op 04618
The court affirmed the judgment, holding that the defendant’s challenge to the enhanced sentence was not preserved for review because he failed to object or move to withdraw his plea. Additionally, the court determined that the enhanced sentence was not unduly harsh or severe.
- People v Miller2026 NY Slip Op 04614
The court affirmed the convictions for attempted murder and related offenses, finding the evidence legally sufficient and not against the weight of the evidence despite the lack of forensic proof. The appeal regarding the original sentence was dismissed as superseded by a subsequent resentence, which was also affirmed as not unduly harsh.
- People v Moton2026 NY Slip Op 04613
The court affirmed the judgment, concluding that the sentence was not unduly harsh or severe even assuming the appeal waiver was invalid. The court also ordered the certificate of disposition to be amended to correctly reflect the convictions for criminal sale rather than criminal possession.
- People v Little2026 NY Slip Op 04601
The court affirmed the conviction for attempted gang assault in the first degree, finding the waiver of the right to appeal valid. The majority held that this valid waiver precluded review of the sentence’s harshness and the imposition of mandatory surcharges and fees.
- People v Coleman2026 NY Slip Op 04587
The court reduced the conviction for assault in the second degree on count 1 to obstructing governmental administration in the second degree due to insufficient evidence of physical injury, while affirming the conviction on count 2. The court also affirmed the appointment of standby counsel and the adjudication of the defendant as a second felony offender.
- People v Hubbert2026 NY Slip Op 04586
The court affirmed the convictions for criminal contempt and aggravated family offense, rejecting claims of ineffective assistance of counsel and finding that the trial court properly denied a suppression motion without a hearing due to conclusory allegations. The appellate court also determined that the verdict was not against the weight of the evidence and that the sentence was not unduly harsh or severe.
- People v Major2026 NY Slip Op 04585
The court reversed the manslaughter in the second degree conviction because the verdict was against the weight of the evidence regarding the justification defense, as the People failed to prove beyond a reasonable doubt that the defendant could have retreated with complete personal safety. The convictions for criminal possession of a weapon in the second degree were affirmed, as the evidence was legally sufficient to disprove the defense of temporary and lawful possession.
- People v Wightman2026 NY Slip Op 04583
The superior court information was not jurisdictionally defective because CPL 200.60 (1) prohibits alleging the predicate prior conviction within the information itself, requiring it to be raised via a special information. The defendant’s challenge to the special information was waived by his guilty plea and failure to object below.
- People v Whitsett2026 NY Slip Op 04579
The Appellate Division affirmed the conviction for second-degree murder and criminal possession of a weapon, finding that the evidence was sufficient to support the verdict and that the prosecutor’s conduct did not deprive the defendant of a fair trial. The court determined that the grand jury proceeding was not defective and that the identity of the shooter was established by a compelling chain of circumstantial evidence.
- People v Covello2026 NY Slip Op 04578
The Appellate Division affirmed the lower court’s determination that the defendant is a level three risk under the Sex Offender Registration Act. The court found that any potential due process violation regarding the denial of an adjournment was harmless because the defendant’s prior conviction independently warranted an override to a level three risk.
- People v Bentley2026 NY Slip Op 04572
The court affirmed the convictions for weapon possession and controlled substance possession, finding the vehicle stop lawful based on probable cause for a traffic violation. The judgment was modified to amend the orders of protection to comply with statutory duration limits.
- People v Sean S.2026 NY Slip Op 04678
The court affirmed the denial of the defendant’s application for resentencing under the Domestic Violence Survivors Justice Act, finding that he failed to establish by a preponderance of the evidence that his childhood abuse was a significant contributing factor to his criminal behavior. The majority held that the defendant’s proof did not sufficiently link his past trauma to the specific acts of robbery and murder, which were instead attributed to other factors such as drug use and a desire to escape.
- People v Gershen2026 NY Slip Op 51313[U]
The conviction for speeding was affirmed because the trooper’s testimony regarding radar readings and visual speed estimates was sufficient to prove the violation beyond a reasonable doubt. The court found that the trial court did not err in excluding the defendant’s proffered evidence, as it was duplicative of his testimony and not exculpatory.
Week ending February 14, 2026
Browse the week ending February 14, 2026
- People v Croney251 AD3d 168
The court held that a defendant has a right to appeal a prehearing dismissal of a DVSJA resentencing application under CPL 440.47. However, the court affirmed the dismissal because the defendant failed to meet his evidentiary burden to establish a temporal nexus between the domestic abuse and the underlying offense.
Also decided
- People v Bush 2026 NY Slip Op 06581 November 12, 2026
- People v Williams 2026 NY Slip Op 06578 November 12, 2026
- People v Noor 2026 NY Slip Op 06596 November 12, 2026
- People v Santos 2026 NY Slip Op 06538 November 5, 2026
- People v Cowan 2026 NY Slip Op 06537 November 5, 2026
- People v Cruz 2026 NY Slip Op 06535 November 5, 2026
- People v Murphy 2026 NY Slip Op 06533 November 5, 2026
- People v Blanding 2026 NY Slip Op 06529 November 5, 2026
- People v Wolfe 2026 NY Slip Op 06470 November 4, 2026
- People v White 2026 NY Slip Op 06469 November 4, 2026
- People v Jones 2026 NY Slip Op 06454 November 4, 2026
- People v Toms 2026 NY Slip Op 06388 October 29, 2026
- People v Taylor 2026 NY Slip Op 06333 October 28, 2026
- People v Jeff P. 2026 NY Slip Op 06327 October 28, 2026
- People v Minor 2026 NY Slip Op 06260 October 27, 2026
- People v Willis 2026 NY Slip Op 06264 October 27, 2026
- People v Adams 2026 NY Slip Op 06262 October 27, 2026
- People v Moore 2026 NY Slip Op 06258 October 27, 2026
- People v Williams 2026 NY Slip Op 06217 October 22, 2026
- People v Street 2026 NY Slip Op 06221 October 22, 2026
- People v Delacruz 2026 NY Slip Op 06219 October 22, 2026
- People v McGloster 2026 NY Slip Op 06218 October 22, 2026
- People v Wright 2026 NY Slip Op 06216 October 22, 2026
- People v Williams 2026 NY Slip Op 06208 October 22, 2026
- People v Lema-Curillo 2026 NY Slip Op 06151 October 21, 2026
- People v A.Z. 2026 NY Slip Op 06076 October 20, 2026
- People v Gibbs 2026 NY Slip Op 06075 October 20, 2026
- People v Washington 2026 NY Slip Op 06074 October 20, 2026
- People v Mitchell 2026 NY Slip Op 06029 October 15, 2026
- People v Ruiz 2026 NY Slip Op 06028 October 15, 2026
- People v Gonzalez 2026 NY Slip Op 06023 October 15, 2026
- People v Sierra 2026 NY Slip Op 06020 October 15, 2026
- People v Herrera 2026 NY Slip Op 06018 October 15, 2026
- People v Tippa 2026 NY Slip Op 05982 October 14, 2026
- People v Forte 2026 NY Slip Op 05969 October 14, 2026
- People v Burgess 2026 NY Slip Op 05920 October 13, 2026
- People v Bruce 2026 NY Slip Op 05919 October 13, 2026
- People v Saleem 2026 NY Slip Op 05916 October 13, 2026
- People v Jackson 2026 NY Slip Op 05915 October 13, 2026
- People v Marable 2026 NY Slip Op 05914 October 13, 2026
- People v Reynolds 2026 NY Slip Op 05895 October 9, 2026
- People v T.B. 2026 NY Slip Op 05865 October 8, 2026
- People v Nevarez 2026 NY Slip Op 05864 October 8, 2026
- People v Rivera 2026 NY Slip Op 05863 October 8, 2026
- People v Jones 2026 NY Slip Op 05860 October 8, 2026
- People v Derusha 2026 NY Slip Op 05829 October 8, 2026
- People v Perkins 2026 NY Slip Op 05812 October 7, 2026
- People v Jabbour 2026 NY Slip Op 05810 October 7, 2026
- People v Singleton 2026 NY Slip Op 05748 October 6, 2026
- People v Solano 2026 NY Slip Op 05746 October 6, 2026
- People v Espiritusanto 2026 NY Slip Op 05744 October 6, 2026
- People v Aponte 2026 NY Slip Op 05740 October 6, 2026
- People v Calisha 2026 NY Slip Op 05735 October 6, 2026
- People v Lewis 2026 NY Slip Op 05707 October 2, 2026
- People v Clegg 2026 NY Slip Op 05662 October 2, 2026
- People v Banks 2026 NY Slip Op 05652 October 2, 2026
- People v Larson 2026 NY Slip Op 05641 October 2, 2026
- People v Hill 2026 NY Slip Op 05619 October 2, 2026
- People v Mease 2026 NY Slip Op 05617 October 2, 2026
- People v Doukoure 2026 NY Slip Op 05609 October 1, 2026
- People v Gonzalez 2026 NY Slip Op 05607 October 1, 2026
- People v Coleman 2026 NY Slip Op 05606 October 1, 2026
- People v Grundy 2026 NY Slip Op 05605 October 1, 2026
- People v Carrington 2026 NY Slip Op 05603 October 1, 2026
- People v Shaun Q. 2026 NY Slip Op 05575 October 1, 2026
- People v Ortiz 2026 NY Slip Op 05500 September 29, 2026
- People v Charles 2026 NY Slip Op 05495 September 29, 2026
- People v McCassling 2026 NY Slip Op 05494 September 29, 2026
- People v Channer 2026 NY Slip Op 05489 September 29, 2026
- People v Roman 2026 NY Slip Op 05488 September 29, 2026
- People v Gutierrez 2026 NY Slip Op 05486 September 29, 2026
- People v De La Cruz 2026 NY Slip Op 05428 September 23, 2026
- People v Ward 2026 NY Slip Op 05427 September 23, 2026
- People v Rivera 2026 NY Slip Op 05419 September 23, 2026
- People v Ricks 2026 NY Slip Op 05418 September 23, 2026
- People v Kennedy 2026 NY Slip Op 05412 September 23, 2026
- People v Jacobs 2026 NY Slip Op 05411 September 23, 2026
- People v Heath 2026 NY Slip Op 05410 September 23, 2026
- People v Cuebas 2026 NY Slip Op 05409 September 23, 2026
- People v Campbell 2026 NY Slip Op 05408 September 23, 2026
- People v Cao 2026 NY Slip Op 04701 July 24, 2026
- People v Rivera 2026 NY Slip Op 04698 July 24, 2026
- People v Felvus 2026 NY Slip Op 04697 July 24, 2026
- People v Evans 2026 NY Slip Op 04692 July 24, 2026
- People v Daniel M.-A. 2026 NY Slip Op 04679 July 24, 2026
- People v Fuller 2026 NY Slip Op 04665 July 24, 2026
- People v Lyons 2026 NY Slip Op 04663 July 24, 2026
- People v Evans 2026 NY Slip Op 04639 July 24, 2026
- People v Coleman 2026 NY Slip Op 04629 July 24, 2026
- People v Miller 2026 NY Slip Op 04615 July 24, 2026
- People v Wright 2026 NY Slip Op 04573 July 24, 2026
- PEOPLE v TORRES 89 Misc 3d 1 April 30, 2026
- PEOPLE v BENDER 45 NY3d 689 March 17, 2026
- PEOPLE v AMBROSIO 45 NY3d 646 February 17, 2026
- PEOPLE v COLLIER 45 NY3d 611 January 8, 2026