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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
CourtAppellate Division, First Department
DecidedOctober 6, 2026
Citation2026 NY Slip Op 05736
Area of lawCriminal Law
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05736
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id958

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.

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Published October 6, 2026. Updated October 6, 2026.