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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05323 |
| Area of law | Criminal Law |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05323 |
| 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 | 566 |
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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