ESQ HQNEW YORK LAW WATCH

Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06328

People v Pichardo

Read the official decision: 2026 NY Slip Op 06328

Holding The court affirmed the conviction for second-degree murder and first-degree burglary, finding that the defendant’s statements were voluntarily made after a valid waiver of Miranda rights. The appellate court further determined that the evidence was legally sufficient and not against the weight of the evidence, and that any error regarding a missing witness charge was harmless.

The court’s words

the People have the burden of demonstrating, beyond a reasonable doubt, that the defendant's statements were voluntary

2026 NY Slip Op 06328, at the official text

Whether a defendant knowingly and intelligently waived his or her rights to remain silent and to an attorney is determined upon an inquiry into the totality of the circumstances surrounding the interrogation

2026 NY Slip Op 06328, at the official text

we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt

2026 NY Slip Op 06328, at the official text

Any error in the Supreme Court's denial of the defendant's request for a missing witness charge was harmless beyond a reasonable doubt

2026 NY Slip Op 06328, at the official text
CourtAppellate Division, Second Department
DecidedOctober 28, 2026
Citation2026 NY Slip Op 06328
Area of lawCriminal Law
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06328
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1607

Recommended citation

ESQ HQ, New York Law Watch, People v Pichardo, 2026 NY Slip Op 06328 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06328/

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 28, 2026. Updated October 28, 2026.