Appellate Division, First Department · October 6, 2026 · 2026 NY Slip Op 05736
People v Then
Read the official decision: 2026 NY Slip Op 05736
Holding The appellate court affirmed the defendant’s conviction for second-degree murder, finding the evidence legally sufficient and not against the weight of the evidence. The court rejected the defendant’s evidentiary and procedural claims, determining that any errors were either unpreserved or harmless given the overwhelming evidence of guilt.
The court’s words
The jury had ample basis to conclude that defendant intended to kill the victim
2026 NY Slip Op 05736, at the official text
the evidence did not establish that he was merely present, but actively directing others
2026 NY Slip Op 05736, at the official text
there is no significant probability . . . that the jury would have acquitted the defendant
2026 NY Slip Op 05736, at the official text
the evidence of defendant's guilt was overwhelming and there is no significant probability
2026 NY Slip Op 05736, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 6, 2026 |
| Citation | 2026 NY Slip Op 05736 |
| Area of law | Criminal Law |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05736 |
| 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 | 958 |
Recommended citation
ESQ HQ, New York Law Watch, People v Then, 2026 NY Slip Op 05736 (Appellate Division, First Department, October 6, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05736/
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.
Read how Law Watch works