Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04585
People v Major
Read the official decision: 2026 NY Slip Op 04585
Holding 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.
The court’s words
we agree with defendant that the verdict is against the weight of the evidence with respect to the justification defense
2026 NY Slip Op 04585, at the official text
they did not establish beyond a reasonable doubt that defendant, who was not the driver of the vehicle, could have retreated with complete personal safety
2026 NY Slip Op 04585, at the official text
we conclude that it was legally sufficient to disprove the defense of temporary and lawful possession beyond a reasonable doubt
2026 NY Slip Op 04585, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04585 |
| Area of law | Criminal Law |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04585 |
| 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 | 329 |
Recommended citation
ESQ HQ, New York Law Watch, People v Major, 2026 NY Slip Op 04585 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04585/
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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