Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06322
People v Matos-Colon
Read the official decision: 2026 NY Slip Op 06322
Holding The court affirmed the conviction, finding that the trial court’s denial of a mistrial was harmless error because the curative instruction and overwhelming evidence of guilt negated any prejudice from the improperly played portion of a controlled call. Additionally, the court held that the defendant failed to preserve his sentencing arguments for appellate review.
The court’s words
The decision to grant a mistrial lies within the sound discretion of the trial court
2026 NY Slip Op 06322, at the official text
the evidence of the defendant's guilt, which included, inter alia, the properly admitted portions of the controlled call
2026 NY Slip Op 06322, at the official text
the defendant failed to preserve for appellate review his contentions that the sentence imposed by the Supreme Court
2026 NY Slip Op 06322, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06322 |
| Area of law | Criminal Law |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06322 |
| 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 | 1601 |
Recommended citation
ESQ HQ, New York Law Watch, People v Matos-Colon, 2026 NY Slip Op 06322 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06322/
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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