Back to feedAnalyzed Oct 9, 2026 View on CourtListener
(the sentence is upheld)CriminalCourt of AppealsAppeal
People v. Rivera
- Court
- Appellate Division of the Supreme Court of the State of New York
- Decided
- Oct 8, 2026
- Docket
- Ind No. 150/20|Appeal No. 7189|Case No. 2021-00886|
- Judges
- Not listed
Cited as2026 NY Slip Op 05863
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
Supreme Court, Bronx County: rendered a judgment against the defendant.
This decision · Appeal
(the sentence is upheld)
TL;DR
- 1A man is appealing a sentence after being convicted in Bronx County.
- 2The appellate court decided to uphold the original sentence.
- 3The key reason was that the court found the sentence was not excessive.
Key issues
- 1
Was the sentence excessive?
Holding · The court ruled it was not excessive, thus affirming the original judgment.
Why it matters
This decision affects the defendant's criminal record and future sentencing options.
If you were the judge?
A man is appealing his sentence. Did the court get it right?
- 1In February 2021, a man in Bronx County was sentenced for stealing from a convenience store.
- 2He is appealing the sentence, arguing that it was too harsh for the theft he committed.
- 3The appellate court reviewed the case to decide if the punishment fit the crime.
Should the court have upheld the original sentence in this appeal?
Parties
Prosecution
People
Appellee
Rivera
Roles are inferred from the case caption.
Opinion of the court
People v Rivera
2026 NY Slip Op 05863
October 8, 2026
Appellate Division, First 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
John Rivera, Defendant-Appellant.
Decided and Entered: October 08, 2026
Ind No. 150/20|Appeal No. 7189|Case No. 2021-00886|
Before: Manzanet-Daniels, J.P., Kennedy, Friedman, Kapnick, Higgitt, JJ.
Caprice R. Jenerson, Office of the Appellate Defender, New York (Christiana Hope Prater-Lee of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Skylar A. Seabert of counsel), for respondent.
[*1]
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (Linda Poust Lopez, J.), rendered February 19, 2021,
Said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive,
It is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: October 8, 2026
Counsel for appellant is referred to
§ 606.5, Rules of the Appellate Division,
First Department.