Appellate Division, Third Department · October 15, 2026 · 2026 NY Slip Op 06038
People v Downey
Read the official decision: 2026 NY Slip Op 06038
Holding The court held that the defendant did not validly waive his right to appeal due to overbroad language in the written waiver and a deficient oral colloquy. However, the court affirmed the sentence, finding it was not unduly harsh or severe given the nature of the crime.
The court’s words
defendant did not validly waive his right to appeal
2026 NY Slip Op 06038, at the official text
written appeal waiver contains inaccurate and overbroad language
2026 NY Slip Op 06038, at the official text
record does not establish that defendant knowingly, voluntarily or intelligently waived his right to appeal
2026 NY Slip Op 06038, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 06038 |
| Area of law | Criminal Law |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06038 |
| 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 | 1235 |
Recommended citation
ESQ HQ, New York Law Watch, People v Downey, 2026 NY Slip Op 06038 (Appellate Division, Third Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06038/
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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