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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
CourtAppellate Term, Second Department
DecidedAugust 21, 2026
Citation2026 NY Slip Op 51581[U]
Area of lawCriminal Procedure
WeekWeek ending August 22, 2026
Official textOfficial decision: 2026 NY Slip Op 51581[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id913

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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Published August 21, 2026. Updated August 21, 2026.