Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04583
People v Wightman
Read the official decision: 2026 NY Slip Op 04583
Holding 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.
The court’s words
an indictment for such higher offense may not allege such previous conviction
2026 NY Slip Op 04583, at the official text
is deemed waived by [a] defendant's knowing and voluntary guilty plea
2026 NY Slip Op 04583, at the official text
there is no jurisdictional defect in the SCI
2026 NY Slip Op 04583, at the official text
challenges to the sufficiency of a special information must be preserved
2026 NY Slip Op 04583, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04583 |
| Area of law | Criminal Law |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04583 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 321 |
Recommended citation
ESQ HQ, New York Law Watch, People v Wightman, 2026 NY Slip Op 04583 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04583/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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