Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05199
People v Zaman
Read the official decision: 2026 NY Slip Op 05199
Holding 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.
The court’s words
The record does not establish that the defendant's waiver of his right to appeal was knowing, voluntary, and intelligent.
2026 NY Slip Op 05199, at the official text
the Supreme Court mischaracterized the nature of the right to appeal by stating that the defendant's conviction would be final
2026 NY Slip Op 05199, at the official text
the court failed to confirm that the defendant understood the contents of the written waiver
2026 NY Slip Op 05199, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05199 |
| Area of law | Criminal Procedure |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05199 |
| 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 | 400 |
Recommended citation
ESQ HQ, New York Law Watch, People v Zaman, 2026 NY Slip Op 05199 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05199/
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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