People v Gilyard

Holding The appellate court affirmed the conviction and sentence, determining that the defendant’s unchallenged waiver of the right to appeal precluded his Eighth Amendment and youthful offender status challenges. Additionally, the court declined to exercise its power to take corrective action because the defendant failed to preserve his claims regarding the indictment’s jurisdictional defect and the facial constitutionality of the statute.

The court’s words

defendant has failed to preserve his claim that the indictment was jurisdictionally defective

2026 NY Slip Op 06353, at the official text

defendant's unchallenged waiver of the right to appeal precludes his Eighth Amendment challenge

2026 NY Slip Op 06353, at the official text

we have previously found this argument to be without merit

2026 NY Slip Op 06353, at the official text

the court providently exercised its discretion

2026 NY Slip Op 06353, at the official text