ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · October 21, 2026 · 2026 NY Slip Op 06142

People v Malla

Read the official decision: 2026 NY Slip Op 06142

Holding The appellate court reduced the defendant’s seven-year prison sentence to three and one-half years because the lower court failed to adequately account for the four years of federal detention the defendant had already served. The court also determined that the defendant’s purported appeal waiver was invalid because the colloquy did not ensure he understood the distinction between the right to appeal and rights forfeited by a guilty plea.

The court’s words

the court failed to adequately take that federal detention into account when determining the state sentence on his violation of probation

2026 NY Slip Op 06142, at the official text

the limited colloquy regarding a purported appeal waiver did not ensure that the defendant understood the distinction between the right to appeal and the rights automatically forfeited on entering a guilty plea

2026 NY Slip Op 06142, at the official text
CourtAppellate Division, Second Department
DecidedOctober 21, 2026
Citation2026 NY Slip Op 06142
Area of lawCriminal Law
WeekWeek ending October 24, 2026
Official textOfficial decision: 2026 NY Slip Op 06142
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1407

Recommended citation

ESQ HQ, New York Law Watch, People v Malla, 2026 NY Slip Op 06142 (Appellate Division, Second Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06142/

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

Published October 21, 2026. Updated October 21, 2026.