Court of Appeals · October 29, 2026 · 2026 NY Slip Op 06378
A defendant can waive appellate review of a speedy-trial claim in a plea bargain, the Court of Appeals holds over a three-judge dissent
People v Ekukpe
Read the official decision: 2026 NY Slip Op 06378
Holding CPL 30.30 (6) does not preclude a criminal defendant from waiving the right to appeal a statutory speedy trial claim as part of a negotiated plea bargain. The statute’s plain text only abrogates the rule that a guilty plea forfeits such claims, but it does not address or prohibit appeal waivers.
Why it matters
Resolves a significant statutory interpretation question regarding the scope of CPL 30.30 (6) and appeal waivers in guilty pleas.
Features a substantial dissent (Rivera, J., joined by Chief Judge Wilson and Judge Halligan) arguing that the mandatory language ‘shall be reviewable’ renders the right unwaivable.
The court’s words
CPL 30.30 (6) does not shield statutory speedy trial claims from appeal waivers
2026 NY Slip Op 06378, at the official text
the statute's text does not address appeal waivers in any way
2026 NY Slip Op 06378, at the official text
CPL 30.30 (6) does not preclude appeal waivers
2026 NY Slip Op 06378, at the official text
leaving the parties free to bargain for an appeal waiver if they wish
2026 NY Slip Op 06378, at the official text
| Court | Court of Appeals |
|---|---|
| Decided | October 29, 2026 |
| Citation | 2026 NY Slip Op 06378 |
| Area of law | Criminal Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06378 |
| 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 | 1631 |
Trackers on this question
Same court and area in the last 180 days
- People v Nantan2026 NY Slip Op 06379
CPL 30.30 (6) unambiguously expands appellate review of speedy trial claims to all cases, including those arising from guilty pleas entered before the statute’s effective date. The provision applies to appeals pending when it took effect because it is a procedural and remedial statute that mandates review without reservation.
- People v Salina B.2026 NY Slip Op 06235
The Court held that the defendant’s challenge to her plea was unpreserved for appellate review because she did not move to withdraw her plea or vacate the judgment. Consequently, the Appellate Division’s order was reversed and the case remitted for further proceedings.
- The People v Dequan Greene2026 NY Slip Op 05440
The Appellate Division did not apply an incorrect legal standard in reviewing the weight of the evidence, and the Court of Appeals lacks further power to review that challenge. The defendant’s remaining contentions are unpreserved for review by the Court of Appeals.
Recommended citation
ESQ HQ, New York Law Watch, People v Ekukpe, 2026 NY Slip Op 06378 (Court of Appeals, October 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06378/
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.
Read how Law Watch worksFeatured by Eric McAvey, November 14, 2026.