Appellate Division, First Department · October 27, 2026 · 2026 NY Slip Op 06261
People v Eligio
Read the official decision: 2026 NY Slip Op 06261
Holding The court affirmed the conviction and sentence, holding that the defendant’s ineffective assistance of counsel claim regarding the gun licensing law’s constitutionality was unreviewable on direct appeal because it required matters outside the record. Additionally, the court found no ineffective assistance because the underlying constitutional claim was unavailing.
The court’s words
unreviewable on direct appeal "because it involves matters not reflected in the record and thus must first be raised in a CPL 440.10 motion"
2026 NY Slip Op 06261, at the official text
defendant fails to demonstrate ineffective assistance of counsel given that his constitutional claim is unavailing
2026 NY Slip Op 06261, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 27, 2026 |
| Citation | 2026 NY Slip Op 06261 |
| Area of law | Criminal Law |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06261 |
| 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 | 1535 |
Recommended citation
ESQ HQ, New York Law Watch, People v Eligio, 2026 NY Slip Op 06261 (Appellate Division, First Department, October 27, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06261/
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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