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
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06328 |
| Area of law | Criminal Law |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06328 |
| 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 | 1607 |
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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