Appellate Term, Second Department · September 24, 2026 · 2026 NY Slip Op 51595[U]
People v Zarate
Read the official decision: 2026 NY Slip Op 51595[U]
Holding The court affirmed the conviction, determining that the People did not violate the defendant’s speedy trial rights because the total chargeable time did not exceed the 90-day statutory limit. Additionally, the court held that the jury’s split verdict was not repugnant because the two charges contained different elements, allowing for a legally permissible acquittal on one count and conviction on the other.
The court’s words
The fact that defense counsel stated "no waivers" after the court granted the adjournment does not make this time chargeable to the People
2026 NY Slip Op 51595[U], at the official text
A verdict is repugnant only if it is legally impossible—under all conceivable circumstances—for the jury to have convicted the defendant on one count but not the other
2026 NY Slip Op 51595[U], at the official text
The alleged "proof" in this case was "too remote or speculative of a motive to fabricate"
2026 NY Slip Op 51595[U], at the official text
| Court | Appellate Term, Second Department |
|---|---|
| Decided | September 24, 2026 |
| Citation | 2026 NY Slip Op 51595[U] |
| Area of law | Criminal Procedure |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51595[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 | 927 |
Recommended citation
ESQ HQ, New York Law Watch, People v Zarate, 2026 NY Slip Op 51595[U] (Appellate Term, Second Department, September 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51595-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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