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
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 29, 2026 |
| Citation | 2026 NY Slip Op 06391 |
| Area of law | Criminal Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06391 |
| 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 | 1656 |
| Related records | People 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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