Appellate Division, First Department · November 12, 2026 · 2026 NY Slip Op 06582
People v Fioranelli
Read the official decision: 2026 NY Slip Op 06582
Holding The conviction for assault in the third degree and official misconduct was affirmed because the evidence was legally sufficient and not against the weight of the evidence. The court determined that the defendant, a police officer, lacked reasonable grounds to use pepper spray on a restrained victim.
The court’s words
Defendant, a police officer, lacked a reasonable ground to believe that it was necessary to spray the victim three times with oleoresin capsicum spray
2026 NY Slip Op 06582, at the official text
when the victim was rear-cuffed and lying face down on the ground of a parking garage, with defendant sitting on top of him
2026 NY Slip Op 06582, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | November 12, 2026 |
| Citation | 2026 NY Slip Op 06582 |
| Area of law | Criminal Law |
| Week | Week ending November 14, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06582 |
| 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 | 1893 |
Recommended citation
ESQ HQ, New York Law Watch, People v Fioranelli, 2026 NY Slip Op 06582 (Appellate Division, First Department, November 12, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06582/
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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