ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, First Department
DecidedNovember 12, 2026
Citation2026 NY Slip Op 06582
Area of lawCriminal Law
WeekWeek ending November 14, 2026
Official textOfficial decision: 2026 NY Slip Op 06582
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1893

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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Published November 12, 2026. Updated November 12, 2026.