Appellate Division, First Department · October 20, 2026 · 2026 NY Slip Op 06071
People v Oquendo
Read the official decision: 2026 NY Slip Op 06071
Holding The court affirmed the defendant’s sentences, holding that he waived his argument regarding jury determination of tolling periods by freely admitting to them in the offender statements. Additionally, the court determined that the federal decision in Erlinger does not apply to New York’s tolling provisions.
The court’s words
Defendant waived his argument that pursuant to Erlinger v United States (602 US 821 [2024]), he was entitled to a jury determination
2026 NY Slip Op 06071, at the official text
this Court has decided that Erlinger does not apply to New York's tolling provision (see People v Young, — AD3d —, —, 2026 NY Slip Op 02883, *7-8 [1st Dept 2026])
2026 NY Slip Op 06071, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 20, 2026 |
| Citation | 2026 NY Slip Op 06071 |
| Area of law | Criminal Law |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06071 |
| 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 | 1331 |
Recommended citation
ESQ HQ, New York Law Watch, People v Oquendo, 2026 NY Slip Op 06071 (Appellate Division, First Department, October 20, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06071/
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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