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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
CourtAppellate Division, First Department
DecidedOctober 27, 2026
Citation2026 NY Slip Op 06261
Area of lawCriminal Law
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06261
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1535

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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Published October 27, 2026. Updated October 27, 2026.