What did the court decide?

The appellate court affirmed the trial court's judgment, finding the sentence imposed was not excessive.

Who is affected by this decision?

Jose Cabrera, the defendant-appellant, is affected because his conviction/sentence remains in place; the People are the prevailing party.

What happens next procedurally?

Because the Appellate Division affirmed, Cabrera may consider further review by the Court of Appeals, if eligible, or pursue any postconviction relief available; otherwise the sentence stands.

Can this decision be appealed again?

Possibly — the defendant may seek permission to appeal to the New York Court of Appeals, but such review is discretionary and subject to the Court of Appeals' rules and deadlines.

People v. Cabrera

Docket Ind No. 1131/21|Appeal No. 6526|Case No. 2023-00469|

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

Criminal AppealAffirmed

Filed: May 5, 2026 · yesterday
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 02796
Docket numbers: Ind No1131/21Appeal No6526Case No2023-00469

Appeal from a judgment of the Supreme Court, Bronx County (criminal conviction and sentence) rendered December 20, 2022.

Summary

The Appellate Division, First Department, unanimously affirmed the Bronx County Supreme Court judgment entered December 20, 2022, in the criminal case against Jose Cabrera. The appeal challenged the conviction and/or sentence, but the appellate court found the sentence was not excessive after briefing and oral argument. The court issued a brief decision and order affirming the judgment and referred appellant's counsel to the court's Rule 606.5 regarding appellate counsel obligations or procedures.

Issue Decided

Whether the sentence imposed by the trial court was excessive.

Court's Reasoning

The appellate court reviewed the challenged sentence and determined it was not excessive under the governing standards for sentencing review. After considering the arguments and the record during oral argument, the court found no basis to disturb the trial court's sentencing discretion and therefore affirmed the judgment.

Parties

Appellant: Jose Cabrera
Respondent: The People of the State of New York
Attorney: Twyla Carter, The Legal Aid Society (Everett K. Hopkins of counsel)
Attorney: Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge of counsel)
Judge: Tara Collins

Key Dates

trial court judgment date: 2022-12-20
Appellate decision date: 2026-05-05

What You Should Do Next

1
Consult appellate counsel about further review
If counsel believes there are substantial legal issues, consider applying for leave to appeal to the New York Court of Appeals within the applicable deadline.
2
Consider postconviction remedies
Evaluate whether any collateral challenges (e.g., CPL postconviction relief, ineffective assistance claims) are available and timely.
3
Comply with sentence and supervision
Unless further relief is obtained, the defendant should comply with the terms of the sentence and any supervision or reporting requirements.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed the trial court's judgment, finding the sentence imposed was not excessive.
Who is affected by this decision?: Jose Cabrera, the defendant-appellant, is affected because his conviction/sentence remains in place; the People are the prevailing party.
What happens next procedurally?: Because the Appellate Division affirmed, Cabrera may consider further review by the Court of Appeals, if eligible, or pursue any postconviction relief available; otherwise the sentence stands.
Can this decision be appealed again?: Possibly — the defendant may seek permission to appeal to the New York Court of Appeals, but such review is discretionary and subject to the Court of Appeals' rules and deadlines.

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 Cabrera - 2026 NY Slip Op 02796

People v Cabrera

2026 NY Slip Op 02796

May 5, 2026

Appellate Division, First Department

The People of the State of New York, Respondent,

v

Jose Cabrera, Defendant-Appellant.

Decided and Entered: May 05, 2026

Ind No. 1131/21|Appeal No. 6526|Case No. 2023-00469|

Before: Webber, J.P., Moulton, Mendez, Higgitt, Michael, JJ.

Twyla Carter, The Legal Aid Society, New York (Everett K. Hopkins of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge 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 (Tara Collins, J.), rendered December 20, 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: May 5, 2026

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