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Appellate Division, First Department · October 29, 2026 · 2026 NY Slip Op 06391

People v Rodriguez

Read the official decision: 2026 NY Slip Op 06391

Holding The court affirmed the judgment, finding that the trial court properly denied the defendant’s motion to withdraw his guilty plea. The court also determined that the defendant’s claims regarding the waiver of self-incrimination and speedy trial rights were unpreserved for appellate review.

The court’s words

The court providently exercised its discretion in denying defendant's motion to withdraw his plea without appointing new counsel or conducting a hearing

2026 NY Slip Op 06391, at the official text

Defendant's subsequent claim of legal innocence was unsupported given that his guilty plea was entered voluntarily, knowingly and intelligently

2026 NY Slip Op 06391, at the official text

Defendant's claim that he was not advised that by pleading guilty he was waiving his right against self-incrimination and that the decision not to testify could not be used against him are unpreserved

2026 NY Slip Op 06391, at the official text

Defendant's constitutional speedy trial claim is unpreserved and we decline to review it in the interest of justice

2026 NY Slip Op 06391, at the official text

Defendant's claim that his attorney rendered ineffective assistance by failing to move to dismiss on constitutional speedy trial grounds is unreviewable on direct appeal

2026 NY Slip Op 06391, at the official text
CourtAppellate Division, First Department
DecidedOctober 29, 2026
Citation2026 NY Slip Op 06391
Area of lawCriminal Procedure
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06391
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1656
Related recordsPeople v Rodriguez, 2026 NY Slip Op 06209; People v Rodriguez, 2026 NY Slip Op 05558; People v Rodriguez, 2026 NY Slip Op 51524[U]

Recommended citation

ESQ HQ, New York Law Watch, People v Rodriguez, 2026 NY Slip Op 06391 (Appellate Division, First Department, October 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06391/

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 29, 2026. Updated October 29, 2026.