Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04665
People v Fuller
Read the official decision: 2026 NY Slip Op 04665
This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.
Holding The court affirmed the judgment, holding that while the defendant’s waiver of the right to appeal was invalid due to a defective oral colloquy, the sentence imposed was not unduly harsh or severe.
The court’s words
defendant's waiver of the right to appeal is invalid and thus does not foreclose his challenge to the severity of the sentence
2026 NY Slip Op 04665, at the official text
County Court's oral colloquy mischaracterized the waiver as an absolute bar to the taking of an appeal
2026 NY Slip Op 04665, at the official text
the written waiver did not cure the defects in the oral colloquy
2026 NY Slip Op 04665, at the official text
we conclude that the sentence is not unduly harsh or severe
2026 NY Slip Op 04665, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04665 |
| Area of law | Criminal Law |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04665 |
| 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 | 513 |
Recommended citation
ESQ HQ, New York Law Watch, People v Fuller, 2026 NY Slip Op 04665 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04665/
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.
Read how Law Watch works