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Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05323

People v Daley

Read the official decision: 2026 NY Slip Op 05323

Holding The court affirmed the conviction for criminal possession of a weapon in the third degree, finding that the evidence of constructive possession was legally sufficient and not against the weight of the evidence. The court also held that the search warrant was supported by probable cause and that the defendant failed to demonstrate a legitimate basis for disclosing the confidential informant’s identity.

The court’s words

the jury could reasonably infer that the defendant exercised dominion and control over the laundry room in which the firearm was found

2026 NY Slip Op 05323, at the official text

the supporting affidavit established probable cause to search the target premises

2026 NY Slip Op 05323, at the official text

the confidential informant's statements to police and the issuing magistrate cannot be deemed Brady material

2026 NY Slip Op 05323, at the official text

the challenged comments of the prosecutor during summation were fair comment on the evidence at trial

2026 NY Slip Op 05323, at the official text
CourtAppellate Division, Second Department
DecidedSeptember 16, 2026
Citation2026 NY Slip Op 05323
Area of lawCriminal Law
WeekWeek ending September 19, 2026
Official textOfficial decision: 2026 NY Slip Op 05323
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id566

Recommended citation

ESQ HQ, New York Law Watch, People v Daley, 2026 NY Slip Op 05323 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05323/

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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Published September 16, 2026. Updated September 16, 2026.