Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05420
People v Rivera
Read the official decision: 2026 NY Slip Op 05420
Holding The court held that the defendant’s purported appeal waiver was invalid because the trial court failed to properly advise him of his rights and confirm his understanding of the waiver. Consequently, the appellate court reviewed the sentence and affirmed it as not excessive.
The court’s words
the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal
2026 NY Slip Op 05420, at the official text
the court failed to confirm that the defendant understood the contents of the written appeal waiver
2026 NY Slip Op 05420, at the official text
the purported appeal waiver does not preclude appellate review of the defendant's excessive sentence claim
2026 NY Slip Op 05420, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05420 |
| Area of law | Criminal Procedure |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05420 |
| 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 | 191 |
| Related records | People v Rivera, 2026 NY Slip Op 06557; People v Rivera, 2026 NY Slip Op 05863; People v Rivera, 2026 NY Slip Op 05419; People v Rivera, 2026 NY Slip Op 04698 |
Recommended citation
ESQ HQ, New York Law Watch, People v Rivera, 2026 NY Slip Op 05420 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05420/
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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