People v Valdes-Pica

Holding The appellate court affirmed the conviction, determining that the defendant’s valid appeal waiver precluded his challenge to the severity of the enhanced sentence. Additionally, the court found the defendant’s claim that his guilty plea was not knowingly and voluntarily made was unpreserved because he failed to pursue it in a postallocution motion.

The court’s words

the combined oral and written appeal waiver made clear that appellate review of certain issues survive the waiver

2026 NY Slip Op 06589, at the official text

defendant's challenge to the severity of the agreed-upon enhanced sentence is precluded

2026 NY Slip Op 06589, at the official text

such claim is unpreserved because defendant did not object to the enhanced sentence or move to withdraw his guilty plea

2026 NY Slip Op 06589, at the official text

it is unpreserved given his admitted failure to pursue it in an appropriate postallocution motion

2026 NY Slip Op 06589, at the official text