People v Forshey

Holding The court affirmed the judgment, holding that the defendant’s valid waiver of the right to appeal precluded review of the factual sufficiency of his plea and that his remaining claims regarding the voluntariness of the plea and grand jury restraints were unpreserved for appellate review. The court declined to exercise its discretion to review the claim of improper use of visible restraints during the grand jury proceeding in the interest of justice.

The court’s words

we conclude that defendant's waiver of the right to appeal is valid

2026 NY Slip Op 04599, at the official text

defendant's contentions regarding the sufficiency of the factual colloquy are precluded by the valid waiver

2026 NY Slip Op 04599, at the official text

we conclude that they are not preserved for our review inasmuch as defendant

2026 NY Slip Op 04599, at the official text

we decline to exercise our power to review those contentions as a matter of discretion

2026 NY Slip Op 04599, at the official text

there is no evidence that the plea bargaining process was infected by

2026 NY Slip Op 04599, at the official text

we decline to exercise our discretion to hold this appeal in abeyance

2026 NY Slip Op 04599, at the official text