ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, Second Department
DecidedOctober 7, 2026
Citation2026 NY Slip Op 05804
Area of lawCriminal Procedure
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05804
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1027

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.

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Published October 7, 2026. Updated October 7, 2026.