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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 06142 |
| Area of law | Criminal Law |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06142 |
| 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 | 1407 |
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