What did the court decide?

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

Who is affected by this decision?

The decision affects the defendant, Odalis Imbert, by leaving the conviction and sentence in place; it also finalizes the case for the People unless further review is sought.

What happens next for the defendant?

The defendant can consider seeking further review, such as permission to appeal to the Court of Appeals, but the Appellate Division's affirmation means the conviction and sentence remain effective.

On what grounds did the court affirm?

The court concluded the sentence was not excessive and found no reversible error in the record warranting relief.

People v. Imbert

Docket Ind. No. 405/21, 70102/22|Appeal No. 6417-6418|Case No. 2023-02007, 2023-02717|

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

Criminal AppealAffirmed

Filed: Apr 21, 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 02378
Docket numbers: Ind. No405/21, 70102/22Appeal No6417-6418Case No2023-02007, 2023-02717

Appeal from a judgment of conviction and sentence in Supreme Court, New York County (Diane Kiesel, J.) rendered March 28, 2023

Summary

The Appellate Division, First Department, affirmed the judgment of the New York County Supreme Court in People v. Imbert. The appeals challenged a criminal conviction and sentence imposed on March 28, 2023. After briefing and oral argument, the appellate panel reviewed the record, considered counsel's arguments, and concluded the sentence was not excessive. The court therefore upheld the trial court's judgment and denied relief to the defendant, issuing a short unanimous order affirming the judgment on April 21, 2026.

Issues Decided

Whether the sentence imposed by the trial court was excessive
Whether any aspect of the conviction or trial record required reversal (implicit in the appeal)

Court's Reasoning

The appellate court reviewed the sentence and found it fell within permissible bounds and therefore was not excessive. The court relied on the record and arguments presented by counsel, and because the sentence did not constitute an abuse of discretion or legal error, it affirmed the trial court's judgment. The unanimous short order indicates no reversible error was found that would warrant modification or vacatur of the sentence.

Parties

Appellant: Odalis Imbert
Respondent: The People of the State of New York
Judge: Diane Kiesel
Attorney: Jenay Nurse Guilford (Frances Weil of counsel)
Attorney: Alvin L. Bragg, Jr. (Robert Butlien of counsel)

Key Dates

trial court judgment date: 2023-03-28
appellate decision date: 2026-04-21

What You Should Do Next

1
Consider application for leave to appeal to Court of Appeals
If the defendant wishes to challenge the Appellate Division's affirmance, counsel should evaluate and, if appropriate, file a timely application for leave to appeal to the New York Court of Appeals.
2
Review post-conviction options
Defense counsel should assess other post-conviction remedies (e.g., motion to vacate or federal habeas review) and deadlines that might apply based on the case particulars.
3
Comply with sentence and incarceration procedures
Until further relief is obtained, the defendant should follow the sentencing and confinement directives from the sentencing court and corrections authorities.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed the trial court's judgment and sentence, finding the sentence was not excessive.
Who is affected by this decision?: The decision affects the defendant, Odalis Imbert, by leaving the conviction and sentence in place; it also finalizes the case for the People unless further review is sought.
What happens next for the defendant?: The defendant can consider seeking further review, such as permission to appeal to the Court of Appeals, but the Appellate Division's affirmation means the conviction and sentence remain effective.
On what grounds did the court affirm?: The court concluded the sentence was not excessive and found no reversible error in the record warranting relief.

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 Imbert - 2026 NY Slip Op 02378

People v Imbert

2026 NY Slip Op 02378

April 21, 2026

Appellate Division, First Department

The People of the State of New York, Respondent,

v

Odalis Imbert, Appellant.

Decided and Entered: April 21, 2026

Ind. No. 405/21, 70102/22|Appeal No. 6417-6418|Case No. 2023-02007, 2023-02717|

Before: Renwick, P.J., Friedman, Gesmer, Pitt-Burke, Hagler, JJ.

Jenay Nurse Guilford, Center for Appellate Litigation, New York (Frances Weil of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Robert Butlien of counsel), for respondent.

Appeals having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Diane Kiesel, J.), rendered March 28, 2023,

Said appeals 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 21, 2026

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