| People v Eccleston |
| 2014 NY Slip Op 00236 [113 AD3d 699] |
| January 15, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert L. Eccleston, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello ofcounsel), 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 fourthdegree, criminal possession of stolen property in the fourth degree, and offering a falseinstrument 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 thenature of the right to appeal, and the record establishes that the defendant knowingly,voluntarily, and intelligently waived that right (see People v Lopez, 6 NY3d 248, 255 [2006]; cf. People v Bradshaw, 18NY3d 257 [2011]). The defendant's valid waiver of his right to appeal precludesreview of his claims that the procedure used to adjudicate him a second felony offenderwas defective (see People vHuggins, 105 AD3d 760, 761 [2013]; People v Kosse, 94 AD3d 908 [2012]; People v Lassiter, 48 AD3d700 [2008]), and that he was deprived of the effective assistance of counsel, sincethat claim does not relate to the voluntariness of his plea (see People v Hluboky, 99AD3d 1020, 1021 [2012]; People v Appling, 94 AD3d 1135, 1136 [2012]). Mastro,J.P., Balkin, Sgroi and Hinds-Radix, JJ., concur.