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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
CourtAppellate Division, First Department
DecidedOctober 20, 2026
Citation2026 NY Slip Op 06071
Area of lawCriminal Law
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06071
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1331

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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Published October 20, 2026. Updated October 20, 2026.