People v. Eccleston

• Decision Date: 15 January 2014
• Citation: People v. Eccleston, 2014 NY Slip Op 236, 113 A.D.3d 699, 978 N.Y.S.2d 702 (N.Y. App. Div. 2014)
• Parties: The PEOPLE, etc., respondent, v. Robert L. ECCLESTON, appellant.
• Court: New York Supreme Court — Appellate Division

113 A.D.3d 699

978 N.Y.S.2d 702

2014 N.Y. Slip Op. 00236

The PEOPLE, etc., respondent,

v.Robert L. ECCLESTON, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Jan. 15, 2014.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County(Condon, J.), rendered October 28, 2011, convicting him of grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, and offering a false instrument for filing in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

At the plea allocution, the County Court sufficiently advised the defendant of the nature of the right to appeal, and the record establishes that the defendant knowingly, voluntarily, and intelligently waived that right ( seePeople v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;cf.People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645).The defendant's valid waiver of his right to appeal precludes review of his claims that the procedure used to adjudicate him a second felony offender was defective ( seePeople v. Huggins, 105 A.D.3d 760, 761, 961 N.Y.S.2d 784;People v. Kosse, 94 A.D.3d 908, 941 N.Y.S.2d 847;People v. Lassiter, 48 A.D.3d 700, 852 N.Y.S.2d 311), and that he was deprived of the effective assistance of counsel, since that claim does not relate to the voluntariness of his plea ( seePeople v. Hluboky, 99 A.D.3d 1020, 1021, 952 N.Y.S.2d 454;People v. Appling, 94 A.D.3d...