Appellate Term, Second Department · August 21, 2026 · 2026 NY Slip Op 51581[U]
People v Fernandez
Read the official decision: 2026 NY Slip Op 51581[U]
Holding The accusatory instrument for petit larceny was facially sufficient because it alleged facts of an evidentiary character, including surveillance video and a statement, that provided reasonable cause to believe the defendant committed the crime. Questions regarding how the complainant recognized the defendant in the video are matters for trial and do not render the instrument jurisdictionally defective.
The court’s words
an allegation in an accusatory instrument that the complainant viewed a surveillance video which "depicts" defendant shoplifting is not conclusory
2026 NY Slip Op 51581[U], at the official text
any question as to how the complainant recognized defendant is a matter to be raised at trial and does not affect the facial sufficiency of the accusatory instrument
2026 NY Slip Op 51581[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | August 21, 2026 |
| Citation | 2026 NY Slip Op 51581[U] |
| Area of law | Criminal Procedure |
| Week | Week ending August 22, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51581[U] |
| 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 | 913 |
Recommended citation
ESQ HQ, New York Law Watch, People v Fernandez, 2026 NY Slip Op 51581[U] (Appellate Term, Second Department, August 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51581-u/
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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