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PEOPLE v. HUNTLEY

284 A.D.2d 733 (2001)

728 N.Y.S.2d 230

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KERRY HUNTLEY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided June 21, 2001.

Mugglin, J.

Although defendant's waiver of the right to appeal does not in and of itself preclude appellate review of the voluntariness of his plea (see, People v Conyers, 227 A.D.2d 793, lv denied 88 N.Y.2d 982), his failure to move either to withdraw the plea or to vacate the judgment of conviction generally precludes review of the voluntariness issue (see, People v Faison, 270 A.D.2d 717...

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