Appellate Division, Second Department · October 7, 2026 · 2026 NY Slip Op 05804
People v Best
Read the official decision: 2026 NY Slip Op 05804
Holding The appellate court held that the defendant’s appeal waiver was invalid because it was discussed only after she admitted guilt, rather than as part of the plea agreement. Consequently, the court reviewed the excessive sentence claim but affirmed the judgment because the sentence was not excessive.
The court’s words
the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived her right to appeal
2026 NY Slip Op 05804, at the official text
the County Court did not mention the appeal waiver as part of the plea agreement being offered
2026 NY Slip Op 05804, at the official text
the purported waiver does not preclude appellate review of the defendant's excessive sentence claim
2026 NY Slip Op 05804, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 7, 2026 |
| Citation | 2026 NY Slip Op 05804 |
| Area of law | Criminal Procedure |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05804 |
| 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 | 1027 |
Recommended citation
ESQ HQ, New York Law Watch, People v Best, 2026 NY Slip Op 05804 (Appellate Division, Second Department, October 7, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05804/
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