People v Anderson

Holding 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.

The court’s words

County Court did not engage defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice

2026 NY Slip Op 04666, at the official text

the written waiver did not cure the deficient oral colloquy because the record does not establish that the court ensured that defendant understood the written waiver

2026 NY Slip Op 04666, at the official text

When the People cannot establish the existence of probable cause without information obtained from a confidential informant, the court must hold a Darden hearing in camera

2026 NY Slip Op 04666, at the official text

The purpose of such a hearing is to allay any concern that the informant is wholly imaginary and [their] statements to the police [are] fabricated

2026 NY Slip Op 04666, at the official text