What did the court decide?

The appellate court affirmed the trial court's judgment and found the sentence was not excessive.

Who is affected by this decision?

Defendant Derwin Blanks is directly affected; the People (prosecution) are also affected as the conviction and sentence are upheld.

Because the Appellate Division affirmed, Blanks may consider further appellate options, such as applying for leave to appeal to a higher court, subject to applicable deadlines and rules.

Can this decision be appealed further?

Yes; the defendant can seek further review (for example, by the Court of Appeals) but must follow the Appellate Division's and Court of Appeals' rules and deadlines for seeking leave to appeal.

People v. Blanks

Docket Ind No. 527/20|Appeal No. 6448|Case No. 2022-03019|

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealAffirmed

Filed: Apr 23, 2026 · 1 week ago
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Criminal Appeal
Disposition: Affirmed
Citation: 2026 NY Slip Op 02461
Docket numbers: Ind No527/20Appeal No6448Case No2022-03019

Appeal from a criminal judgment and sentence entered by Supreme Court, Bronx County on May 31, 2022.

Summary

The Appellate Division, First Department affirmed the judgment of conviction entered by Supreme Court, Bronx County (Marsha D. Michael, J.) on May 31, 2022. Derwin Blanks appealed his conviction and sentence. After briefing and argument, the appellate court found the sentence imposed was not excessive and therefore affirmed the lower court's judgment in full. The decision is a short, unanimous order without extended opinion, primarily addressing the proportionality of the sentence.

Issue Decided

Whether the sentence imposed by the trial court was excessive.

Court's Reasoning

The appellate court reviewed the sentence for excessiveness and found it to be within permissible bounds. The order states that, after argument and deliberation, the sentence was not excessive, which supported affirming the conviction and sentence. The opinion is brief and does not elaborate further on mitigating or aggravating considerations.

Parties

Appellant: Derwin Blanks
Respondent: The People of the State of New York
Judge: Marsha D. Michael
Attorney: Elizabeth Batkin
Attorney: Andrew John Loizides

Key Dates

Lower court judgment date: 2022-05-31
Appellate decision date: 2026-04-23

What You Should Do Next

1
Consider seeking leave to appeal
If the defendant wishes further review, counsel should evaluate grounds for leave to the Court of Appeals and file a timely application under the court's rules.
2
Review Rule 606.5 referral
Appellate counsel was referred to Rule 606.5; counsel and defendant should review that referral and address any required steps or notices mandated by the Appellate Division.
3
Consult defense counsel about post-conviction options
Discuss potential collateral remedies, such as a CPL 440 motion or federal habeas review if appropriate, and any preservation issues for further proceedings.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed the trial court's judgment and found the sentence was not excessive.
Who is affected by this decision?: Defendant Derwin Blanks is directly affected; the People (prosecution) are also affected as the conviction and sentence are upheld.
What happens next?: Because the Appellate Division affirmed, Blanks may consider further appellate options, such as applying for leave to appeal to a higher court, subject to applicable deadlines and rules.
Can this decision be appealed further?: Yes; the defendant can seek further review (for example, by the Court of Appeals) but must follow the Appellate Division's and Court of Appeals' rules and deadlines for seeking leave to appeal.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

People v Blanks - 2026 NY Slip Op 02461

People v Blanks

2026 NY Slip Op 02461

April 23, 2026

Appellate Division, First Department

The People of the State of New York, Respondent,

v

Derwin Blanks, Defendant-Appellant.

Decided and Entered: April 23, 2026

Ind No. 527/20|Appeal No. 6448|Case No. 2022-03019|

Before: Scarpulla, J.P., Friedman, Gesmer, Shulman, Chan, JJ.

The Legal Aid Society, Criminal Appeals Bureau, New York (Elizabeth Batkin of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Andrew John Loizides of counsel), for respondent.

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, Bronx County (Marsha D. Michael, J.), rendered May 31, 2022,

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: April 23, 2026

Counsel for appellant is referred to
§ 606.5, Rules of the Appellate Division,
First Department.