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Appellate Division, First Department · November 5, 2026 · 2026 NY Slip Op 06533

People v Murphy

Read the official decision: 2026 NY Slip Op 06533

This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.

Holding The court affirmed the conviction and sentence, finding that the officer had reasonable suspicion to stop the defendant and probable cause to search his pockets. The court also determined that the defendant waived certain claims by failing to object and that the admission of gang-related evidence and lay opinion testimony was proper.

The court’s words

An officer's observation of a person pushing a uniformed officer and running away from an altercation between two large groups in which other officers were intervening provided at least reasonable suspicion that "criminal activity" was "at hand"

2026 NY Slip Op 06533, at the official text

The witness identified defendant by his gang nickname, and explained that he recognized defendant, a member of a rival gang, from fights with that gang in which defendant was present

2026 NY Slip Op 06533, at the official text

The court did not err by permitting the officers, who were familiar with defendant but were not eyewitnesses, to give lay opinion testimony, as the testimony "served to aid the jury in making an independent assessment regarding whether the [man] in the [video] was indeed the defendant"

2026 NY Slip Op 06533, at the official text
CourtAppellate Division, First Department
DecidedNovember 5, 2026
Citation2026 NY Slip Op 06533
Area of lawCriminal Law
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06533
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1813

Recommended citation

ESQ HQ, New York Law Watch, People v Murphy, 2026 NY Slip Op 06533 (Appellate Division, First Department, November 5, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06533/

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 November 5, 2026. Updated November 14, 2026.