Court of Appeals · October 29, 2026 · 2026 NY Slip Op 06379
CPL 30.30 (6) reaches appeals pending when it took effect, including guilty pleas entered before it
People v Nantan
Read the official decision: 2026 NY Slip Op 06379
Holding 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.
Why it matters
Clarifies the retroactive application of CPL 30.30 (6) to pending appeals, reversing the Appellate Term’s decision.
Establishes that the statute’s mandatory language (‘shall be reviewable’) overrides prior forfeiture rules for guilty pleas.
The court’s words
CPL 30.30 (6) unambiguously and unconditionally applies to all criminal appeals challenging an underlying order finally denying a motion to dismiss based on speedy trial grounds
2026 NY Slip Op 06379, at the official text
The Legislature's use of the expansive phrase 'upon an appeal,' which includes no reservations or qualifiers, further confirms that the only prerequisite for appellate review of a CPL 30.30 claim is the filing of an appeal
2026 NY Slip Op 06379, at the official text
Procedural changes to statutes are, in the absence of words of exclusion from the Legislature, deemed applicable to subsequent proceedings in pending actions
2026 NY Slip Op 06379, at the official text
| Court | Court of Appeals |
|---|---|
| Decided | October 29, 2026 |
| Citation | 2026 NY Slip Op 06379 |
| Area of law | Criminal Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06379 |
| 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 | 1635 |
Trackers on this question
Same court and area in the last 180 days
- People v Ekukpe2026 NY Slip Op 06378
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.
- 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 Nantan, 2026 NY Slip Op 06379 (Court of Appeals, October 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06379/
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.