People v. Hluboky, 99 A.D.3d 1020 (N.Y. App. Div. 2012). · Go Syfert
People v. Hluboky, 99 A.D.3d 1020 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Brown (nyappdiv, 2014-01-22)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2014 · confidence medium
Furthermore, the narrow exception to the preservation rule is inapplicable, since there is nothing in the plea allocution that would cast significant doubt upon the defendant’s guilt or call into question the voluntariness of the plea (see People v Lopez, 71 NY2d 662, 666 [1988]; People v Hluboky, 99 AD3d 1020, 1021 [2012]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2014 · confidence medium
Furthermore, the narrow exception to the preservation rule is inapplicable, since there is nothing in the plea allocution that would cast significant doubt upon the defendant’s guilt or call into question the voluntariness of the plea (see People v Lopez, 71 NY2d 662, 666 [1988]; People v Hluboky, 99 AD3d 1020, 1021 [2012]).
discussed Cited as authority (rule) People v. Eccleston
N.Y. App. Div. · 2014 · confidence medium
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 (see People v Huggins, 105 AD3d 760, 761 [2013]; People v Kosse, 94 AD3d 908 [2012]; People v Lassiter, 48 AD3d 700 [2008]), and that he was deprived of the effective assistance of counsel, since that claim does not relate to the voluntariness of his plea (see People v Hluboky, 99 AD3d 1020, 1021 [2012]; People v Appling, 94 AD3d 1135, 1136 [2012]).
discussed Cited as authority (rule) People v. Eccleston
N.Y. App. Div. · 2014 · confidence medium
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 (see People v Huggins, 105 AD3d 760, 761 [2013]; People v Kosse, 94 AD3d 908 [2012]; People v Lassiter, 48 AD3d 700 [2008]), and that he was deprived of the effective assistance of counsel, since that claim does not relate to the voluntariness of his plea (see People v Hluboky, 99 AD3d 1020, 1021 [2012]; People v Appling, 94 AD3d 1135, 1136 [2012]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Thomas J. Hluboky
Appellate Division of the Supreme Court of the State of New York.
Oct 24, 2012.
99 A.D.3d 1020
Cited by 5 opinions  |  Published

[*1021] The defendant’s contention that his plea of guilty was not knowingly, intelligently, and voluntarily made because the court failed to enumerate the constitutional rights that he was waiving is unpreserved for appellate review, since he did not move to withdraw his plea of guilty on this ground prior to the imposition of sentence (see CPL 220.60 [3]; 470.05 [2]; People v Lopez, 71 NY2d 662, 665 [1988]; People v Reyes, 41 AD3d 620 [2007]; People v Wright, 34 AD3d 507 [2006]; People v Mitchell, 22 AD3d 769 [2005]; People v Singleton, 107 AD2d 828 [1985]). Furthermore, the narrow exception to the preservation rule, as set forth in People v Lopez (71 NY2d at 666), is inapplicable, since there is nothing in the allocution that would cast significant doubt upon the defendant’s guilt or call into question the voluntariness of the plea (see People v Lopez, 71 NY2d at 666; People v Wright, 34 AD3d at 507; People v Jones, 21 AD3d 968, 969 [2005]; People v Watson, 19 AD3d 518 [2005]). In any event, the defendant’s contention is belied by the record.

The defendant’s valid waiver of the right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Muniz, 91 NY2d 570 [1998]) precludes appellate review of his claim that he was deprived of the effective assistance of counsel, since the claim does not relate to the voluntariness of his plea (see People v Appling, 94 AD3d 1135, 1136 [2012]; People v Duah, 91 AB3d 884 [2012]; People v Williams, 84 AB3d 1417, 1418 [2011]). Angiolillo, J.E, Balkin, Austin and Miller, JJ., concur.