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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
CourtAppellate Division, Third Department
DecidedSeptember 24, 2026
Citation2026 NY Slip Op 05444
Area of lawCriminal Procedure
WeekWeek ending September 26, 2026
Official textOfficial decision: 2026 NY Slip Op 05444
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id366

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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Published September 24, 2026. Updated September 24, 2026.