What did the court decide?

The appellate court affirmed Talavera’s criminal judgment, finding his sentence was not excessive.

Who is affected by this decision?

The decision affects defendant Irving Talavera and the People of the State of New York; it leaves the trial court’s sentence in place.

Because the appellate court affirmed, the sentence remains in effect; the defendant may consider further appellate options if available.

Can this be appealed further?

The defendant may seek leave to appeal to the Court of Appeals, but this order does not discuss or decide that step.

People v. Talavera

Docket Ind No. 2989/18|Appeal No. 6533|Case No. 2020-02110|

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 02794
Docket numbers: Ind No2989/18Appeal No6533Case No2020-02110

Appeal from a judgment of the Supreme Court, New York County, rendered May 9, 2019, challenging the criminal sentence.

Summary

The Appellate Division, First Department affirmed defendant Irving Talavera’s 2019 criminal judgment following his appeal challenging his sentence. The court heard argument, reviewed the record, and concluded the sentence was not excessive, so it upheld the trial court’s judgment. The opinion is short, provides no extended analysis, and ends by referring appellant’s counsel to the court’s local rule § 606.5.

Issue Decided

Whether the sentence imposed on defendant Talavera was excessive

Court's Reasoning

The court reviewed the sentencing decision and the record and determined the sentence fell within acceptable bounds. Because the sentence was not excessive based on the court's review, there was no basis to disturb the trial court’s judgment. The brief order indicates the appellate panel found no error requiring reversal or modification.

Parties

Appellant: Irving Talavera
Respondent: The People of the State of New York
Judge: Melissa Jackson
Attorney: Caprice R. Jenerson
Attorney: Daniel P. Schumeister
Attorney: Hunter Baehren
Judge: Manzanet-Daniels, J.P.
Judge: Kapnick, J.
Judge: Rodriguez, J.
Judge: Pitt-Burke, J.
Judge: O'neill Levy, J.

Key Dates

Trial court judgment date: 2019-05-09
Appellate decision date: 2026-05-05

What You Should Do Next

1
Consider application for leave to appeal to the Court of Appeals
If counsel believes there are substantial legal questions warranting review, they can file a motion for permission to appeal to the New York Court of Appeals within the statutory period.
2
Advise client regarding custody and sentence
Defense counsel should inform the client that the appellate court affirmed and explain the practical effect on his incarceration or supervision status.

Frequently Asked Questions

What did the court decide?: The appellate court affirmed Talavera’s criminal judgment, finding his sentence was not excessive.
Who is affected by this decision?: The decision affects defendant Irving Talavera and the People of the State of New York; it leaves the trial court’s sentence in place.
What happens next?: Because the appellate court affirmed, the sentence remains in effect; the defendant may consider further appellate options if available.
Can this be appealed further?: The defendant may seek leave to appeal to the Court of Appeals, but this order does not discuss or decide that step.

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 Talavera - 2026 NY Slip Op 02794

People v Talavera

2026 NY Slip Op 02794

May 5, 2026

Appellate Division, First Department

The People of the State of New York, Respondent,

v

Irving Talavera, Defendant-Appellant.

Decided and Entered: May 05, 2026

Ind No. 2989/18|Appeal No. 6533|Case No. 2020-02110|

Before: Manzanet-Daniels, J.P., Kapnick, Rodriguez, Pitt-Burke, O'neill Levy, JJ.

Caprice R. Jenerson, Office of the Appellate Defender, New York (Daniel P. Schumeister of counsel), for appellant.

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

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Melissa Jackson, J.), rendered May 09, 2019,

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.