Appellate Division, Third Department · September 24, 2026 · 2026 NY Slip Op 05444
People v Thayer
Read the official decision: 2026 NY Slip Op 05444
Holding The court affirmed the vacatur of the conviction, finding that local counsel’s failure to disclose a private conversation with the judge’s law clerk created an actual conflict of interest that deprived the defendant of effective assistance of counsel. Consequently, the defendant’s waiver of the right to a jury trial was deemed invalid because it was not made with full knowledge of the information possessed by local counsel.
The court’s words
local counsel's loyalties within the matter were clearly divided
2026 NY Slip Op 05444, at the official text
local counsel's unwaived actual conflict of interest deprived defendant of effective representation
2026 NY Slip Op 05444, at the official text
he could not make a knowing, intelligent and voluntary waiver while lacking the information possessed by local counsel
2026 NY Slip Op 05444, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | September 24, 2026 |
| Citation | 2026 NY Slip Op 05444 |
| Area of law | Criminal Procedure |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05444 |
| 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 | 366 |
Recommended citation
ESQ HQ, New York Law Watch, People v Thayer, 2026 NY Slip Op 05444 (Appellate Division, Third Department, September 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05444/
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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