New York Court of Appeals

People v. Rios

February 19, 20262026 NY Slip Op 00963

Summary

The Court held that the People v. Lopez exception to the preservation rule does not apply to a defendant’s post‑plea statements made at sentencing, so the appellant’s challenge to the voluntariness of his guilty plea was unpreserved and the Appellate Division’s order was affirmed. The decision also reaffirmed that a defendant must move to withdraw the plea or vacate the judgment of conviction to preserve such a challenge.