Appellate Division, Fourth Department · October 2, 2026 · 2026 NY Slip Op 05652
People v Banks
Read the official decision: 2026 NY Slip Op 05652
This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.
Holding The court affirmed the conviction, holding that the lower court properly denied the suppression motion because the defendant’s unsworn, conclusory assertions failed to raise a factual dispute. Additionally, the court found no abuse of discretion in denying judicial diversion due to the lack of connection between the defendant’s criminal behavior and substance abuse.
The court’s words
defendant's omnibus motion papers contained only unsworn, conclusory factual assertions of defense counsel
2026 NY Slip Op 05652, at the official text
the court did not abuse its discretion in determining that defendant was not an appropriate candidate for the judicial diversion program
2026 NY Slip Op 05652, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 2, 2026 |
| Citation | 2026 NY Slip Op 05652 |
| Area of law | Criminal Law |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05652 |
| 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 | 851 |
Recommended citation
ESQ HQ, New York Law Watch, People v Banks, 2026 NY Slip Op 05652 (Appellate Division, Fourth Department, October 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05652/
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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