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
| Court | Appellate Division, First Department |
|---|---|
| Decided | November 5, 2026 |
| Citation | 2026 NY Slip Op 06533 |
| Area of law | Criminal Law |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06533 |
| 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 | 1813 |
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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