New York Law Watch
Criminal Procedure: 2026 decisions
The criminal procedure collection follows prosecutions from investigation through appeal, including suppression, pleas, speedy-trial claims and sentencing proceedings.
For Criminal Procedure, 2026 decisions, Law Watch lists 101 indexable decisions dated January 13, 2026 to November 12, 2026 across 19 decision weeks.
200 decision records: 101 meet the substance floor; 99 records are held from search listings.
Week ending November 14, 2026
Browse the week ending November 14, 2026
- People v Jimenez2026 NY Slip Op 06577
The court held that the detective lacked a good faith basis to believe the driver had authority to consent to the search of a bag she explicitly denied owning. Consequently, the search was unlawful, and the resulting evidence, including narcotics and items from a subsequent warrant, was suppressed.
- People v Tyndale2026 NY Slip Op 06592
The court affirmed the conviction, holding that the defendant’s combined oral and written waiver of the right to appeal was knowing, intelligent, and voluntary. Consequently, the defendant’s challenge to the severity of his sentence was precluded, while his competency and ineffective assistance claims were deemed unpreserved for review.
- People v Titus2026 NY Slip Op 06591
The court affirmed the judgment, holding that the defendant’s challenges to the order of protection were unpreserved for appellate review because he failed to raise them at sentencing. Additionally, the court declined to exercise its interest of justice jurisdiction because the order of protection was an agreed-upon term of the plea agreement.
Week ending November 7, 2026
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- People v Taylor2026 NY Slip Op 06466
The Supreme Court providently exercised its discretion in denying the defendant’s application for a competency examination and a day-before request for an adjournment based on religious beliefs. The court further affirmed the convictions for attempted robbery, finding the evidence legally sufficient and not against the weight of the evidence.
- People v Santana2026 NY Slip Op 06463
The court granted the motion of assigned counsel to withdraw because the submitted Anders brief was deficient for failing to analyze potential appellate issues with reference to legal authority. Consequently, the court assigned new counsel to represent the appellant and directed them to file a brief within 90 days.
- People v Martin2026 NY Slip Op 06456
The court affirmed the judgment, holding that the suppression of identification evidence was properly denied because the officer’s identification was confirmatory, and the search warrant was supported by probable cause. Additionally, the court ruled that a guilty plea precludes a challenge to the sufficiency of the evidence presented to the grand jury.
- People v Harkless2026 NY Slip Op 06452
The court vacated the duration of orders of protection because they exceeded the statutory maximum and the defendant could not practically object due to the court’s failure to announce the duration. The court also waived mandatory surcharges and fees in the interest of justice with the People’s consent.
Week ending October 31, 2026
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- People v Rodriguez2026 NY Slip Op 06391
The court affirmed the judgment, finding that the trial court properly denied the defendant’s motion to withdraw his guilty plea. The court also determined that the defendant’s claims regarding the waiver of self-incrimination and speedy trial rights were unpreserved for appellate review.
- People v Campbell2026 NY Slip Op 06390
The court vacated the specific expiration date of the order of protection because it was calculated without accounting for the defendant’s jail time credit. The matter was remanded for a new determination of the order’s expiration, while the protection itself remained in effect pending that decision.
- People v Nantan2026 NY Slip Op 06379
CPL 30.30 (6) unambiguously expands appellate review of speedy trial claims to all cases, including those arising from guilty pleas entered before the statute’s effective date. The provision applies to appeals pending when it took effect because it is a procedural and remedial statute that mandates review without reservation.
- People v Camp-Potter2026 NY Slip Op 06352
The court affirmed the denial of the defendant’s motion to suppress evidence, finding that the defendant voluntarily consented to the officers’ entry into his motel room. The appellate court deferred to the trial court’s credibility determination, concluding that the totality of circumstances supported the finding of voluntary consent despite the presence of multiple officers.
- People v Ekukpe2026 NY Slip Op 06378
CPL 30.30 (6) does not preclude a criminal defendant from waiving the right to appeal a statutory speedy trial claim as part of a negotiated plea bargain. The statute’s plain text only abrogates the rule that a guilty plea forfeits such claims, but it does not address or prohibit appeal waivers.
- People v Reed2026 NY Slip Op 06329
The Superior Court Information was jurisdictionally defective and a nullity because the defendant’s waiver of indictment occurred after a grand jury had already returned an indictment covering the same criminal transaction. Consequently, the conviction based on the defective information was reversed and the information was dismissed.
- People v Newton2026 NY Slip Op 06326
The court affirmed the denial of the defendant’s motion to suppress physical evidence, finding that police had reasonable suspicion to stop the vehicle based on a database inquiry indicating stolen plates and probable cause to arrest based on the plain view observation of a gun. The court also held that the trial court did not err in instructing the jury that the lawfulness of the stop was not a question for them to decide.
- People v Lee2026 NY Slip Op 06259
The court held that the sentencing court’s denial of defense counsel’s attendance at the presentence interview was an improvident exercise of discretion. Consequently, the sentence was vacated and the matter remanded for resentencing following a new presentence interview where defense counsel may appear.
- People v Bonilla2026 NY Slip Op 06257
The appellate court dismissed the appeal because the defendant’s challenges to a voluntary forfeiture agreement were not properly before the court, as the forfeiture was not part of the judgment of conviction. The court noted that the forfeiture was based on a voluntary settlement of a potential civil proceeding governed by the CPLR, rather than a criminal sentence.
- People v Salina B.2026 NY Slip Op 06235
The Court held that the defendant’s challenge to her plea was unpreserved for appellate review because she did not move to withdraw her plea or vacate the judgment. Consequently, the Appellate Division’s order was reversed and the case remitted for further proceedings.
Week ending October 24, 2026
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- People v Anderson2026 NY Slip Op 06169
The court held that a trial judge’s off-the-record discussion with a juror regarding the instructions on deliberation constituted a nonministerial communication that violated the defendant’s right to be present. This violation constituted a mode of proceedings error mandating reversal of the convictions and a new trial, regardless of whether actual prejudice was shown.
- People v Saylor2026 NY Slip Op 06148
The court held that the defendant’s appeal waiver was invalid because the oral colloquy mischaracterized the rights waived and occurred after the plea, rendering the written waiver insufficient to cure the defect. Despite the invalid waiver, the court affirmed the sentence as not excessive.
- People v Sanchez2026 NY Slip Op 06146
The court vacated the convictions for robbery in the first degree and criminal possession of stolen property in the fifth degree because the police lacked a lawful basis to remove a driver’s license from the defendant’s pocket during a protective frisk. The admission of this evidence was not harmless error, as it significantly corroborated the prosecution’s case and influenced the jury’s verdict.
- People v Hayes2026 NY Slip Op 06137
The court affirmed the judgment, holding that the defendant’s valid waiver of the right to appeal precluded review of the sentence’s excessiveness. Although the defendant’s challenge to the duration of the order of protection survived the waiver, the court declined to reach the issue because it was unpreserved and the defendant failed to seek relief from the issuing court first.
- Matter of People ex rel. Magee v Maginley-Liddie2026 NY Slip Op 06073
The Appellate Division affirmed the denial of a habeas corpus petition, holding that the period between arraignment and the pretrial motion deadline was excludable from speedy trial calculations under CPL 30.30(4)(a). The court determined that the motion schedule was not a sua sponte adjournment requiring consent, but rather a reasonable delay for pretrial motions based on defense counsel’s representations.
Week ending October 17, 2026
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- People v Henriques2026 NY Slip Op 06019
The conviction was affirmed because the defendant was not deprived of his right to testify before the grand jury, as the prosecutor offered a new grand jury and voted on remaining counts after the defendant declined to testify. Additionally, the defendant waived his challenge to the jury instructions by explicitly approving them and failing to object, and the court found no basis to reduce the sentence.
- People v Banks2026 NY Slip Op 06040
The court affirmed the judgment, holding that the defendant’s appeal waiver was valid and that his plea was not involuntary due to an unfulfilled promise or ineffective assistance of counsel. The court found that the delay in sentencing did not constitute a broken promise and that the defendant received an advantageous plea despite counsel’s alleged errors regarding restitution and program timing.
- People v Pressley2026 NY Slip Op 05978
The court affirmed the judgment, holding that the defendant’s valid waiver of the right to appeal precluded review of the sentence’s excessiveness. The court declined to exercise interest of justice jurisdiction regarding the order of protection because the issue was unpreserved.
- People v Milligan2026 NY Slip Op 05975
The court affirmed the judgment, finding that the defendant’s claims regarding the withdrawal of his plea and judicial bias were unpreserved or based on matters outside the record. The court determined that the plea was knowing, voluntary, and intelligent, and directed that the mixed claim of ineffective assistance of counsel be raised in a CPL 440.10 proceeding.
- People v Gaston2026 NY Slip Op 05971
The court reversed the conviction and ordered a new trial because the trial court improperly dismissed the entire sworn jury panel without first inquiring into the remaining jurors’ ability to be fair and impartial. This action violated the defendant’s constitutional right to a jury selected according to law, and the error was not subject to harmless error analysis.
- People v Soto2026 NY Slip Op 05918
The court modified the judgment to vacate the specific expiration date of the order of protection because it was incorrectly calculated based on the wrong conviction and without accounting for jail time credit. The matter was remanded for a new determination of the order’s duration, while the order itself remains in effect pending that determination.
Week ending October 10, 2026
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- People v Washington2026 NY Slip Op 05893
The court held that police officers executing a search warrant for a vehicle may lawfully detain occupants for a reasonable period to ensure officer safety and prevent flight. Consequently, the suppression of the firearm recovered during a pat-frisk of the defendant was properly denied.
- 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 Hemingway2026 NY Slip Op 05891
The court affirmed the denial of the defendant’s motion to withdraw his guilty plea, finding no abuse of discretion and rejecting the argument that the lower court considered the wrong plea transcript. Additionally, the court held that it was not required to state on the record its specific reasons for denying the defendant’s request for youthful offender treatment.
- People v Gram2026 NY Slip Op 05861
The conviction is affirmed because the court providently exercised its discretion in rejecting the plea agreement, despite finding the waiver of the right to appeal invalid due to defects in the oral colloquy. The defendant’s due process claim regarding the plea violation inquiry was unpreserved and rejected on the merits.
- People v Duplessis2026 NY Slip Op 05830
The Appellate Division reversed the conviction and remitted for a new trial because the County Court’s denial of the Batson challenge at step three was unsupported by the record. The court found that the trial court failed to adequately assess the prosecutor’s credibility and that the race-neutral explanation regarding the juror’s communication abilities was contradicted by the record.
- People v McCullough2026 NY Slip Op 05828
The court affirmed the judgment, finding that the defendant’s waiver of the right to appeal was valid and precluded his challenge to the severity of his enhanced sentence. The appellate court determined that the oral colloquy and written form demonstrated the defendant knowingly, intelligently, and voluntarily waived his right to appeal.
- People v Adams2026 NY Slip Op 51631[U]
The court held that while the defendant’s identity and DMV records are not suppressible fruits of an illegal seizure, the lower court failed to address the legality of the vehicle stop or the suppression of incriminating post-stop observations. Consequently, the appeal was held in abeyance and the matter remitted to Criminal Court for a suppression hearing.
- People v Jorge2026 NY Slip Op 05811
The court reversed the conviction because the trial court failed to conduct a sufficient inquiry into the circumstances surrounding the defendant’s absence before proceeding with the trial. The record did not establish that the defendant deliberately absented himself to forfeit his right to be present, nor did it show the court considered all appropriate factors for proceeding in absentia.
- People v Felton2026 NY Slip Op 05808
The appellate court vacated the duration of the order of protection because the trial court failed to credit the defendant for jail time served. The court remitted the matter for a new determination of the duration while keeping the order in effect pending that determination.
- People v Best2026 NY Slip Op 05804
The appellate court held that the defendant’s appeal waiver was invalid because it was discussed only after she admitted guilt, rather than as part of the plea agreement. Consequently, the court reviewed the excessive sentence claim but affirmed the judgment because the sentence was not excessive.
Week ending October 3, 2026
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- People v Clegg2026 NY Slip Op 05663
The court held that the defendant was in custody during the interview at the parole office because a reasonable person would not have felt free to leave, requiring Miranda warnings that were not given. Consequently, the defendant’s statements and the derived cell phone call log were suppressed, and the guilty plea was vacated.
- People v Gates2026 NY Slip Op 05625
The court affirmed the judgment, rejecting the defendant’s claims that the trial court failed to conduct a sufficient inquiry into his complaints about defense counsel and that it erred in failing to sua sponte order a competency examination. The appellate court found that the defendant’s objections were vague and generic, and that his history of mental health issues did not, by itself, call into question his competence.
- People v Kasner2026 NY Slip Op 26159
The Appellate Term affirmed the denial of the defendant’s speedy trial motion, finding that the People exercised due diligence in fulfilling their discovery obligations despite missing some items. The court held that the statute does not require a perfect prosecutor and that the missing materials were duplicative, reducing prejudice to the defense.
- People ex rel. Elmore v McCarthy2026 NY Slip Op 05582
Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional in nature. The court affirmed the dismissal of the petition because the petitioner’s jurisdictional challenge could have been raised in prior proceedings.
- People v Whitmore2026 NY Slip Op 05572
The court affirmed the judgment, determining that the defendant’s waiver of the right to appeal was valid because it was knowingly, voluntarily, and intelligently executed through both oral colloquy and written agreement. Consequently, the defendant’s challenge to the harshness of his sentence was precluded by the valid appeal waiver.
- People v Morochomorocho2026 NY Slip Op 05556
The court affirmed the sentence because the defendant’s valid waiver of the right to appeal precluded appellate review of the excessive sentence claim. The court determined that an improper purported waiver of rights under Penal Law § 60.12 did not invalidate the separate, valid appeal waiver.
- People v Herrnkind2026 NY Slip Op 05554
The appeal regarding the denial of resentencing under the Domestic Violence Survivors Justice Act was dismissed as academic because the defendant had already served her sentence. The court affirmed the denial of the motion to seal records and proceed anonymously, finding the defendant failed to demonstrate compelling circumstances or establish she was a victim of a sex offense.
- People v Dulce2026 NY Slip Op 05498
The court affirmed the conviction and sentence, declining to review unpreserved challenges to the plea’s validity in the interest of justice. As an alternative holding, the court determined that the plea was entered knowingly, intelligently, and voluntarily based on the totality of the circumstances.
- People v Dilione2026 NY Slip Op 05496
The court affirmed the denial of the defendant’s CPL 440.10 motion, finding the claim of grand jury misconduct procedurally barred and alternatively lacking merit. The court also upheld the denial of the motion to withdraw the guilty plea, determining the plea was entered knowingly, intelligently, and voluntarily.
- People v Turner2026 NY Slip Op 05492
The court affirmed the conviction and sentence, finding that the defendant failed to preserve his claim regarding an illegal discovery waiver during the plea colloquy. The court declined to reach the issue in the interest of justice, determining it did not constitute a mode of proceedings error.
Week ending September 26, 2026
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- People v Strickland2026 NY Slip Op 51599[U]
The Appellate Term reversed the lower court’s order striking the certificate of compliance and dismissing the accusatory instrument because the lower court failed to determine whether the defendant satisfied the statutory requirement to challenge the certificate as soon as practicable. The matter was remitted for a hearing to resolve this threshold issue regarding the timeliness of the defendant’s motion.
- People v Grieci2026 NY Slip Op 51598[U]
The Appellate Term reversed the lower court’s dismissal of the accusatory instrument on speedy trial grounds, holding that the People’s prearraignment statement of readiness was valid. The court determined that the complaint was converted to an information when supporting depositions were filed, allowing the People to announce readiness before the defendant’s arraignment.
- People v Hernandez-Zuniga2026 NY Slip Op 51597[U]
The court affirmed the denial of the defendant’s motion to vacate his guilty plea, finding that he failed to establish prejudice because the court explicitly advised him of potential negative immigration consequences during the plea proceeding. Consequently, the defendant’s claim that his attorney’s failure to provide specific immigration advice rendered his plea involuntary was insufficient to warrant an evidentiary hearing.
- People v Scardino2026 NY Slip Op 51596[U]
The certificate of compliance was invalid because the prosecution failed to exercise due diligence in disclosing the detective’s notes before filing it. Consequently, the statement of readiness was illusory, and the People were chargeable with more than 90 days of delay, requiring dismissal of the accusatory instrument.
- People v Zarate2026 NY Slip Op 51595[U]
The court affirmed the conviction, determining that the People did not violate the defendant’s speedy trial rights because the total chargeable time did not exceed the 90-day statutory limit. Additionally, the court held that the jury’s split verdict was not repugnant because the two charges contained different elements, allowing for a legally permissible acquittal on one count and conviction on the other.
- People v Thayer2026 NY Slip Op 05444
The court affirmed the vacatur of the conviction, finding that local counsel’s failure to disclose a private conversation with the judge’s law clerk created an actual conflict of interest that deprived the defendant of effective assistance of counsel. Consequently, the defendant’s waiver of the right to a jury trial was deemed invalid because it was not made with full knowledge of the information possessed by local counsel.
- People v Wilson2026 NY Slip Op 05443
The appellate court held that the lower court erred in denying the defendant’s speedy trial motion as untimely and remanded the case for a determination on whether the People’s certificate of compliance was proper. The court found the record inadequate to assess whether the prosecution exercised due diligence in disclosing oral statements made by the defendant at the sobriety checkpoint.
- People v Kent2026 NY Slip Op 05441
The court affirmed the conviction, holding that the trial court’s use of juror initials and numbers during voir dire was an unpreserved error that did not warrant the exercise of interest of justice jurisdiction. The court further rejected the ineffective assistance of counsel claim, finding that trial counsel’s failure to object to the procedure may have been a legitimate strategic decision to avoid alerting jurors to the deviation.
- People v Fulladosa2026 NY Slip Op 05458
The court reversed the conviction and dismissed the indictment because the search incident to arrest was unlawful. The officers deliberately declined to arrest the defendant for drug offenses, and the arrest for disorderly conduct was improper because the defendant’s identity was known, requiring an appearance ticket rather than an arrest.
- The People v Dequan Greene2026 NY Slip Op 05440
The Appellate Division did not apply an incorrect legal standard in reviewing the weight of the evidence, and the Court of Appeals lacks further power to review that challenge. The defendant’s remaining contentions are unpreserved for review by the Court of Appeals.
- People v Rivera2026 NY Slip Op 05420
The court held that the defendant’s purported appeal waiver was invalid because the trial court failed to properly advise him of his rights and confirm his understanding of the waiver. Consequently, the appellate court reviewed the sentence and affirmed it as not excessive.
- People v Radhakrishnan2026 NY Slip Op 05417
The People failed to establish that they exercised due diligence in their discovery obligations, rendering the initial certificate of compliance invalid. Consequently, the speedy trial time had expired before the supplemental discovery was disclosed, justifying the dismissal of the indictment.
- People v Lopez2026 NY Slip Op 05414
The appellate court affirmed the sentence, determining that the defendant’s valid waiver of the right to appeal precluded review of his contention that the sentence was excessive. The court found that the record demonstrated the waiver was made knowingly, voluntarily, and intelligently.
- People v Rodriguez2026 NY Slip Op 51524[U]
The court affirmed the conviction because the defendant’s claim regarding the repleader agreement was unpreserved and declined to review it in the interests of justice. Alternatively, the court rejected the claim on the merits because the defendant failed to comply with the conditions of the agreement despite multiple opportunities.
Week ending September 19, 2026
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- Matter of Application for a Search Warrant to Search the Premises Located at the Art Inst. of Chicago2026 NY Slip Op 05363
The Appellate Division granted the CPLR article 78 petition and vacated the lower court’s turnover orders, holding that Penal Law § 450.10 does not authorize a criminal court to adjudicate disputed property rights in the absence of a pending criminal prosecution. The court determined that because the issue of title was sharply contested, the dispute required resolution in a civil forum with full procedural protections, including the right to a jury trial if demanded.
- People v Jorge2026 NY Slip Op 05325
The court affirmed the conviction, holding that the County Court did not improvidently exercise its discretion in denying the motion to withdraw the guilty plea. The court further determined that the defendant’s valid appeal waiver precluded review of grand jury evidence, venue, and duplicitous counts, leaving only jurisdictional and voluntariness challenges, which were meritless.
- People v Harley2026 NY Slip Op 05324
The court vacated the duration of the orders of protection because they exceeded the maximum period permissible under CPL 530.13(4)(A) by failing to credit jail time served. The matter was remitted for a new determination of the duration, while the orders remain in effect pending that determination.
Week ending September 12, 2026
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- People v G.O.2026 NY Slip Op 05242
The Appellate Division affirmed the finding of civil contempt against the Office of Mental Health for delaying the transfer of a mentally ill defendant to a secure psychiatric facility, rejecting the argument that the defendant’s refusal of treatment broke the chain of causation. The court held that the defendant suffered actual loss or injury due to the delay, entitling him to a fine sufficient to indemnify him rather than the statutory minimum.
Week ending September 5, 2026
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- People v Shawn A.2026 NY Slip Op 05216
The court held that a step one dismissal of a request to apply for resentencing under the Domestic Violence Survivors Justice Act is not appealable as of right because it does not constitute an order denying resentencing. The majority reasoned that the pre-application phase is distinct from the merits of the resentencing application and does not trigger the statutory right to appeal.
- People v Key2026 NY Slip Op 05234
The Appellate Division reversed the lower court’s retention of the case in the Youth Part, exercising its interest-of-justice power to substitute its discretion despite the absence of an abuse of discretion. The court held that the totality of circumstances, particularly substantial mitigating factors, did not establish the ‘extraordinary circumstances’ required to overcome the statutory presumption of removal to Family Court under the Raise the Age legislation.
- People ex rel. Florez v Commissioner of N.Y. City Dept. of Corr.2026 NY Slip Op 05215
The court sustained the writ of habeas corpus, directing the immediate release of the petitioner upon the posting of bail in the sum of $500,000, $750,000, or $250,000. The release is conditioned on the petitioner wearing an electronic monitoring bracelet, remaining confined to his residence except for specific visits, and surrendering all passports.
- People v Zaman2026 NY Slip Op 05199
The court affirmed the judgment, finding the guilty plea was valid and the sentence not excessive, but determined that the defendant’s appeal waiver was ineffective because the trial court mischaracterized the right to appeal. Consequently, the appellate court reviewed the excessive sentence claim on the merits despite the purported waiver.
- People v Merino2026 NY Slip Op 05196
CPL 420.45 applies to instruments containing false statements or information, not just forged signatures, allowing a court to declare a deed void ab initio following a conviction for offering a false instrument for filing. The statutory presumption that the instrument is void ab initio was not rebutted by the appellant’s evidence regarding the familial relationship or notarization.
- People ex rel. Liles v Richards2026 NY Slip Op 05191
The court held that the 90-day readiness clock under CPL 30.30(2)(a) only includes the actual periods of time a defendant spends in custody, excluding any time spent out on bail. Consequently, the defendant was not entitled to release because the total time chargeable to the People was less than 90 days.
Week ending August 22, 2026
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- People v Fernandez2026 NY Slip Op 51581[U]
The accusatory instrument for petit larceny was facially sufficient because it alleged facts of an evidentiary character, including surveillance video and a statement, that provided reasonable cause to believe the defendant committed the crime. Questions regarding how the complainant recognized the defendant in the video are matters for trial and do not render the instrument jurisdictionally defective.
- People v May2026 NY Slip Op 51576[U]
The Appellate Term reversed the lower court’s dismissal of the accusatory instruments, finding that the People had exercised good faith and due diligence in filing their certificate of compliance despite late disclosure of police disciplinary records. The court determined that less than 90 days of delay were chargeable to the People, meaning the statutory speedy trial deadline was not violated.
- People v Gehlhaus2026 NY Slip Op 51575[U]
The certificate of compliance was valid because the People were not required to automatically disclose police disciplinary records unrelated to the subject matter of the case under the law in effect at the time. Consequently, the People timely announced their readiness for trial, and the accusatory instrument was reinstated.
Week ending July 25, 2026
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- People v Valion2026 NY Slip Op 04706
The Supreme Court erred by failing to pronounce sentence on each count of the conviction, which requires vacating the sentence and remitting the matter for resentencing. This procedural error necessitates modification of the judgment even if the certificate of disposition reflects distinct periods of time for each count.
- People v Purrier2026 NY Slip Op 04681
The court held that placing a suspect in handcuffs during a traffic stop transforms the encounter into a forcible stop and detention, which requires additional justification beyond a mere observation of an unmarked pill bottle. Because the officer could not establish that his partner possessed the requisite level of suspicion to justify the detention, the evidence obtained was suppressed and the indictment was dismissed.
- People v Kadenhead2026 NY Slip Op 04680
The court held that law enforcement officers had probable cause to arrest the defendant based on security footage and other circumstantial evidence, and that the arrest in a common hallway did not violate the Payton rule because the defendant had no reasonable expectation of privacy in that area.
- People v Anderson2026 NY Slip Op 04666
The court affirmed the conviction but held that the defendant’s waiver of the right to appeal was invalid due to a deficient oral colloquy. The court rejected the defendant’s argument that a Darden hearing was required, finding that the search warrant was supported by an affidavit containing direct observations that established probable cause.
- People v Bynum2026 NY Slip Op 04664
The court affirmed the conviction, holding that the vehicle stop was supported by probable cause based on a BOLO bulletin and that the subsequent inventory search was lawful and not a pretext. Additionally, the court found that the defendant did not unequivocally invoke his right to remain silent and validly waived his Miranda rights during the custodial interview.
- People v Stephens2026 NY Slip Op 04652
The People failed to demonstrate due diligence in their initial discovery obligations, rendering the certificate of compliance improper and the readiness statement illusory. Consequently, the case is remitted to County Court to determine if the People were ready within the requisite speedy trial time period.
- People v Stuckey2026 NY Slip Op 04642
The court affirmed the conviction, holding that the trial court did not abuse its discretion in denying the defendant’s motion to withdraw his guilty plea because there was no record support for his claim of actual innocence. The court further determined that claims regarding ineffective assistance of counsel were outside the record on appeal and required a CPL article 440 motion.
- People v Harris2026 NY Slip Op 04635
The Appellate Division reversed the lower court’s dismissal of the indictment, finding that the People did not violate the defendant’s statutory right to a speedy trial. The court determined that fewer than 181 days of delay were chargeable to the People, satisfying the six-month requirement under CPL 30.30.
- People v Bax2026 NY Slip Op 04616
The court affirmed the conviction, holding that the defendant’s waiver of the right to appeal was valid despite the court’s failure to explicitly identify which claims would survive the waiver. Consequently, the valid waiver precluded appellate review of the defendant’s challenges to the search warrant and the severity of his sentence.
- People v Forshey2026 NY Slip Op 04599
The court affirmed the judgment, holding that the defendant’s valid waiver of the right to appeal precluded review of the factual sufficiency of his plea and that his remaining claims regarding the voluntariness of the plea and grand jury restraints were unpreserved for appellate review. The court declined to exercise its discretion to review the claim of improper use of visible restraints during the grand jury proceeding in the interest of justice.
- People v McGuire2026 NY Slip Op 04597
The court held that the defendant’s motion papers raised a specific challenge to the reliability of the DMV database information, thereby shifting the burden to the People to prove the reliability of that information. Because the People failed to meet this burden, the physical evidence obtained from the traffic stop was suppressed and the indictment was dismissed.
- People v Johnson2026 NY Slip Op 04596
The court affirmed the denial of the defendant’s motion to dismiss on speedy trial grounds, determining that a 15-day delay was excludable because it pertained solely to a codefendant’s suppression motion. The People’s readiness for trial in the defendant’s case was not affected by the delay in the codefendant’s proceedings.
- People v Ocasio2026 NY Slip Op 04595
The Appellate Division held that the lower court erred by allowing the defendant to proceed pro se without conducting a sufficient searching inquiry into the waiver of the right to counsel. Consequently, the court held the case, reserved decision, and remitted the matter for further proceedings to ensure the defendant’s right to counsel was properly addressed.
- People v Milton2026 NY Slip Op 04584
The court affirmed the conviction, holding that the police’s request for the defendant’s name and date of birth fell within the pedigree exception to Miranda. The questioning was deemed a routine administrative inquiry rather than a disguised attempt at investigatory interrogation, despite the defendant’s subsequent incriminating responses.
- People v Neyshaliz M. V.2026 NY Slip Op 04581
The court held that the People failed to prove that the defendant displayed a firearm ‘in furtherance of’ the charged possession offenses, as merely emphasizing control of the weapon does not satisfy the statutory requirement. Consequently, the youthful offender adjudication was reversed and the matter remitted for further proceedings consistent with the decision.
- People v Wright2026 NY Slip Op 04580
The court affirmed the conviction, holding that the police pursuit of the defendant was justified by reasonable suspicion arising from his flight combined with the specific circumstances of a recent gunshot and his attempt to conceal an object. The court further determined that the police’s initial instruction to stop and show hands was a permissible common-law approach, as evidence did not support the claim that officers had their guns drawn at that time.
- People v Williams2026 NY Slip Op 04577
The court affirmed the conviction, holding that the police encounters were lawful at inception and every subsequent stage, thereby justifying the refusal to suppress physical evidence. The court also determined that the sentence imposed was not unduly harsh or severe.
- People v Stencel2026 NY Slip Op 04574
The court held that the introduction of evidence to a grand jury that is later found to be irrelevant at trial does not automatically render the grand jury proceedings defective or the indictment unsupported by legally sufficient evidence. Dismissal of an indictment for defective grand jury proceedings is an exceptional remedy reserved for rare cases of pervasive and willful prosecutorial misconduct, which was not present here.
- People v Kelley2026 NY Slip Op 04569
The court affirmed the judgment of conviction, rejecting the defendant’s contention that the trial court’s failure to conduct a deeper inquiry into his request for new counsel implicated the voluntariness of his plea. The panel found that the trial court made requisite minimal inquiries and did not abuse its discretion in denying the requests.
Week ending June 20, 2026
Browse the week ending June 20, 2026
- People v Hernandez2026 NY Slip Op 51301[U]
The Appellate Term affirmed the denial of the defendant’s motion to invalidate the People’s certificate of compliance, finding that the prosecution exercised due diligence under former CPL article 245 despite failing to follow up on a subpoena for Rikers Island calls. Consequently, the speedy trial clock was properly stopped by the statement of readiness, precluding dismissal of the accusatory instrument.
Week ending June 6, 2026
Browse the week ending June 6, 2026
- People v Bruner2026 NY Slip Op 51290[U]
The court reversed the convictions and dismissed the simplified traffic informations because the People failed to serve the requested supporting depositions. The defendant’s motion to dismiss was deemed timely because it was made before the commencement of the trial, as no arraignment had occurred.
Week ending March 21, 2026
Browse the week ending March 21, 2026
- People v Bergman89 Misc 3d 5
The court affirmed the conviction, holding that the People satisfied their due diligence obligations under CPL 245.20 by providing sufficient disclosure letters regarding police officer misconduct. Additionally, the court found that the People validly stated ready within the statutory 90-day period, as the speedy trial clock was tolled by executive orders until October 4, 2020.
Week ending March 14, 2026
Browse the week ending March 14, 2026
- People v R.M.90 Misc 3d 344
The court held that the People’s discovery obligations under CPL 245.20 and 245.50 are not satisfied by assigning discovery from one docket to another without actual separate production. Each docket requires its own certificate of compliance and statement of readiness based on materials relating specifically to that case’s subject matter.
Week ending January 31, 2026
Browse the week ending January 31, 2026
- People v Porter90 Misc 3d 321
The court granted the defendant’s motion to vacate his conviction and ordered a new trial, finding that the prosecution committed a Brady violation by suppressing material impeachment and exculpatory evidence. The suppressed evidence included documents showing the prosecutor’s intent to arrest a key witness as an accomplice and handwritten notes containing third-party guilt information.
Week ending January 17, 2026
Browse the week ending January 17, 2026
- People v Nymeen C.252 AD3d 1
An order dismissing an application for resentencing pursuant to the Domestic Violence Survivors Justice Act without prejudice is appealable as of right because it constitutes an order denying resentencing. The court affirmed the dismissal because the defendant failed to provide evidence corroborating that she was a victim of domestic violence at the specific time of the offense.
- People v Vilella251 AD3d 109
The court held that the trial court satisfied the meaningful notice requirements of CPL 310.30 by providing counsel with notice of the actual specific contents of the jury notes, even though the notes were read almost verbatim rather than strictly verbatim. Consequently, the court found no mode of proceedings error and affirmed the conviction for attempted murder and assault.
Also decided
- People ex rel. Best v Superintendent of Clinton Corr. Facility 2026 NY Slip Op 06605 November 12, 2026
- People v Byrd 2026 NY Slip Op 06583 November 12, 2026
- People v Scott 2026 NY Slip Op 06590 November 12, 2026
- People v Jimenez 2026 NY Slip Op 06536 November 5, 2026
- Matter of T.P. 2026 NY Slip Op 06528 November 5, 2026
- People v Walder 2026 NY Slip Op 06468 November 4, 2026
- People v Simmonds 2026 NY Slip Op 06465 November 4, 2026
- People v Punch 2026 NY Slip Op 06461 November 4, 2026
- People v Porter 2026 NY Slip Op 06459 November 4, 2026
- People v Moncayo 2026 NY Slip Op 06458 November 4, 2026
- People v Meyn 2026 NY Slip Op 06457 November 4, 2026
- People v Harrell 2026 NY Slip Op 06453 November 4, 2026
- People v Coulibaly 2026 NY Slip Op 06451 November 4, 2026
- People ex rel. Bright v Richards 2026 NY Slip Op 06449 November 4, 2026
- People ex rel. Cassar v Toulon 2026 NY Slip Op 06401 November 2, 2026
- People v Vasquez 2026 NY Slip Op 06334 October 28, 2026
- People v Sewell 2026 NY Slip Op 06332 October 28, 2026
- People v Moore 2026 NY Slip Op 06325 October 28, 2026
- People v Moore 2026 NY Slip Op 06324 October 28, 2026
- People v Moore 2026 NY Slip Op 06323 October 28, 2026
- People v Hill 2026 NY Slip Op 06320 October 28, 2026
- People v Haywood 2026 NY Slip Op 06319 October 28, 2026
- People v Deans 2026 NY Slip Op 06318 October 28, 2026
- People v Coffey 2026 NY Slip Op 06317 October 28, 2026
- People v Allen 2026 NY Slip Op 06314 October 28, 2026
- People v Reyes 2026 NY Slip Op 06223 October 22, 2026
- People v F.G. 2026 NY Slip Op 06214 October 22, 2026
- People v E.E. 2026 NY Slip Op 06213 October 22, 2026
- People v Nasdaq 2026 NY Slip Op 06210 October 22, 2026
- People v Worrell 2026 NY Slip Op 06150 October 21, 2026
- People v Mendoza 2026 NY Slip Op 06144 October 21, 2026
- People v Martinez 2026 NY Slip Op 06143 October 21, 2026
- People v Liriano 2026 NY Slip Op 06141 October 21, 2026
- People v Hulse 2026 NY Slip Op 06138 October 21, 2026
- People v Graydon 2026 NY Slip Op 06136 October 21, 2026
- People v Gilchrist 2026 NY Slip Op 06134 October 21, 2026
- People v Castillo 2026 NY Slip Op 06131 October 21, 2026
- People v Bruno 2026 NY Slip Op 06130 October 21, 2026
- People v Santos 2026 NY Slip Op 51712[U] October 15, 2026
- People v Burkett 2026 NY Slip Op 06030 October 15, 2026
- People v Swaby 2026 NY Slip Op 06017 October 15, 2026
- People v Thomas 2026 NY Slip Op 05981 October 14, 2026
- People v Swaby 2026 NY Slip Op 05980 October 14, 2026
- People v Richards 2026 NY Slip Op 05979 October 14, 2026
- People v Ortiz 2026 NY Slip Op 05976 October 14, 2026
- People v Ly 2026 NY Slip Op 05973 October 14, 2026
- People v Chen Liu 2026 NY Slip Op 05968 October 14, 2026
- People v Brown 2026 NY Slip Op 05967 October 14, 2026
- People v Hinds 2026 NY Slip Op 05917 October 13, 2026
- People v Thompson 2026 NY Slip Op 05874 October 9, 2026
- People v Trent D. 2026 NY Slip Op 05866 October 8, 2026
- People v Sneed 2026 NY Slip Op 05862 October 8, 2026
- People ex rel. Marshall v King 2026 NY Slip Op 05835 October 8, 2026
- People v Slator 2026 NY Slip Op 05814 October 7, 2026
- People v Roca 2026 NY Slip Op 05813 October 7, 2026
- People v Benoit 2026 NY Slip Op 05747 October 6, 2026
- People v Benoit 2026 NY Slip Op 05742 October 6, 2026
- People v Francis 2026 NY Slip Op 05738 October 6, 2026
- People v Smith 2026 NY Slip Op 05709 October 2, 2026
- People v Sauberan 2026 NY Slip Op 05708 October 2, 2026
- People v Dunn 2026 NY Slip Op 05706 October 2, 2026
- People v Boitschenko 2026 NY Slip Op 05705 October 2, 2026
- People v Serrano 2026 NY Slip Op 05697 October 2, 2026
- People v Govan 2026 NY Slip Op 05691 October 2, 2026
- People v Brown 2026 NY Slip Op 05690 October 2, 2026
- People v Johnson 2026 NY Slip Op 05688 October 2, 2026
- People v Couser 2026 NY Slip Op 05686 October 2, 2026
- People v Reed 2026 NY Slip Op 05685 October 2, 2026
- People v Ocasio 2026 NY Slip Op 05684 October 2, 2026
- People v Monroe 2026 NY Slip Op 05683 October 2, 2026
- People v Washington 2026 NY Slip Op 05629 October 2, 2026
- People v Griffin 2026 NY Slip Op 05626 October 2, 2026
- People v Rosario 2026 NY Slip Op 05559 September 30, 2026
- People v McCall 2026 NY Slip Op 05555 September 30, 2026
- People v Clarke 2026 NY Slip Op 05552 September 30, 2026
- People v Carlson 2026 NY Slip Op 05551 September 30, 2026
- People v Callahan 2026 NY Slip Op 05550 September 30, 2026
- People v Brown 2026 NY Slip Op 05549 September 30, 2026
- People ex rel. Harnick v Spano 2026 NY Slip Op 05461 September 25, 2026
- People v Walker 2026 NY Slip Op 05426 September 23, 2026
- People v Thompson 2026 NY Slip Op 05424 September 23, 2026
- People v Stedman 2026 NY Slip Op 05423 September 23, 2026
- People v Smith 2026 NY Slip Op 05422 September 23, 2026
- People v Ruiz 2026 NY Slip Op 05421 September 23, 2026
- People v Nelson 2026 NY Slip Op 05416 September 23, 2026
- People v Locus 2026 NY Slip Op 05413 September 23, 2026
- People v McCummings 2026 NY Slip Op 51523[U] September 22, 2026
- People ex rel. Scaggs v Spano 2026 NY Slip Op 05375 September 22, 2026
- People ex rel. Elman v Richards 2026 NY Slip Op 05354 September 16, 2026
- People v Jones 2026 NY Slip Op 05243 September 10, 2026
- People v Atkins 2026 NY Slip Op 04719 July 24, 2026
- People v Ray 2026 NY Slip Op 04668 July 24, 2026
- People v Asbury 2026 NY Slip Op 04617 July 24, 2026
- People v Harper 2026 NY Slip Op 51293[U] June 12, 2026
- People v Levinshon 90 Misc 3d 202 March 23, 2026
- PEOPLE v ZUBIDI 46 NY3d 58 February 19, 2026
- People v Rios 46 NY3d 40 February 19, 2026
- Matter of Guiden v Jose-Decker 252 AD3d 148 February 19, 2026
- PEOPLE v GUERRERO 45 NY3d 659 February 17, 2026