Back to feedAnalyzed Oct 4, 2026 View on CourtListener
(the defendant's conviction is )CriminalCourt of AppealsAppeal
People v. Boitschenko
- Court
- Appellate Division of the Supreme Court of the State of New York
- Decided
- Oct 2, 2026
- Docket
- KA 25-01017.
- Judges
- Not listed
Cited as2026 NY Slip Op 05705
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
The court granted the motion to dismiss his appeal.
This decision · Appeal
(the defendant's conviction is )
TL;DR
- 1The defendant was convicted of a crime in Wyoming County but believes he was wrongfully convicted.
- 2The court decided to grant the motion to dismiss his appeal.
- 3The reason was to of conviction and dismiss the indictment.
Key issues
- 1
Can the defendant appeal a conviction that may be ?
Holding · The court granted the dismissal of the appeal, allowing for the vacating of the conviction.
Why it matters
This decision impacts the defendant's legal rights and clarifies the process for challenging a conviction.
If you were the judge?
A man convicted of a crime seeks to appeal. Should his appeal move forward?
- 1The defendant was convicted in Wyoming County for a crime, but he believes the conviction is wrong.
- 2He filed an appeal to challenge the judgment, claiming there were issues with the case.
- 3Now, the court must decide if his appeal should proceed or be dismissed altogether.
Should the court allow the defendant's appeal to continue?
Parties
Prosecution
People
Appellee
Boitschenko
Roles are inferred from the case caption.
Opinion of the court
People v Boitschenko
2026 NY Slip Op 05705
October 2, 2026
Appellate Division, Fourth 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
BRIAN M. BOITSCHENKO, DEFENDANT-APPELLANT.
Decided on October 2, 2026
KA 25-01017.
Present: Whalen, P.J., Lindley, Curran, Bannister, And Montour, JJ. (Filed Oct. 2, 2026.)
[*1]
MEMORANDUM AND ORDER
Motion to dismiss appeal granted. Matter remitted to Wyoming County Court to vacate judgment of conviction and dismiss indictment (see People v Matteson, 75 NY2d 745, 747 [1989]).