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(defendant's conviction stands)CriminalCourt of AppealsAppeal

People v. McCall

Court
Appellate Division of the Supreme Court of the State of New York
Decided
Sep 30, 2026
Docket
2023-08168
Judges
Not listed
Cited as2026 NY Slip Op 05555
Detailed analysis & 3-line summary

AI breakdown

Analyzed Oct 2, 2026

Where this case stands

  1. County Court: convicted the defendant of criminal sale of a controlled substance upon a guilty plea.

  2. This decision · Appeal

    (defendant's conviction stands)

TL;DR

  1. 1The case is about whether a guilty plea stops a man from challenging how long it took to start his trial.
  2. 2The court decided the defendant waived his right to appeal, which blocks the review of his claim.
  3. 3The key reason is that his waiver was found to be knowing and voluntary.

Key issues

  1. 1

    Did the defendant validly waive his right to appeal?

    Holding · Yes, the court found the waiver was knowing, voluntary, and intelligent, preventing review of the speedy trial claim.

Why it matters

This decision affects defendants who plead guilty, as it underscores the importance of understanding the rights they may give up, including the right to appeal certain claims.

The AI breakdown is a reading aid, not legal advice. Always check the opinion for the exact wording.

If you were the judge?

Appeal rights: can the trial wait too long?

  1. 1A man pleaded guilty to selling drugs.
  2. 2He claims his trial took too long, violating his rights.
  3. 3The court says he waived his right to appeal, stopping review of this claim.

Did the defendant give up his right to appeal about the trial's timing?

Be the first juror

Parties

  • Prosecution

    People

  • Appellee

    McCall

Roles are inferred from the case caption.

Opinion of the court
People v McCall 2026 NY Slip Op 05555 September 30, 2026 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. The People of the State of New York, respondent, v Jaquan McCall, also known as "E," appellant. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on September 30, 2026 2023-08168, (Ind. No. 73/20) Colleen D. Duffy, J.P. Betsy Barros Lourdes M. Ventura Lisa S. Ottley, JJ. Carol Kahn, New York, NY, for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent. [*1] DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered January 23, 2023, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545, 558-564; People v Futrell, 245 AD3d 737; People v Gore, 224 AD3d 848, 848). The defendant's valid waiver of his right to appeal precludes appellate review of his speedy trial claim (see People v Walker, 245 AD3d 740, 741; People v Lowe, 242 AD3d 771; People v Gore, 224 AD3d at 848). The defendant's remaining contentions are without merit. DUFFY, J.P., BARROS, VENTURA and OTTLEY, JJ., concur. ENTER: Darrell M. Joseph Clerk of the Court
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