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People v. Pantoja

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 2001
281 A.D.2d 245 (N.Y. App. Div. 2001)

Opinion

March 15, 2001.

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered October 20, 1995, convicting defendant, upon his pleas of guilty, of grand larceny in the second degree (four counts), attempted grand larceny in the second degree and grand larceny in the third degree, and sentencing him to an aggregate term of 4 to 12 years, unanimously affirmed.

Richard Nahas, for respondent.

Reed Smith, for defendant-appellant.

Before: Sullivan, P.J., Rosenberger, Williams, Mazzarelli, Friedman, JJ.


Since nothing in defendant's plea allocution cast doubt on the voluntariness of his plea (see, People v. Toxey, 86 N.Y.2d 725), and since defendant made no motion to withdraw his plea, the court was under no obligation to conduct a sua sponte inquiry into defendant's denial of guilt to the probation officer preparing the presentence report (see,People v. Negron, 222 A.D.2d 327, lv denied 88 N.Y.2d 882).

Defendant's valid waiver of the right to appeal forecloses review of his excessive sentence claim (People v. Seaberg, 74 N.Y.2d 1, 9-10).


Summaries of

People v. Pantoja

Appellate Division of the Supreme Court of New York, First Department
Mar 15, 2001
281 A.D.2d 245 (N.Y. App. Div. 2001)
Case details for

People v. Pantoja

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RAFAEL M. PANTOJA…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 15, 2001

Citations

281 A.D.2d 245 (N.Y. App. Div. 2001)
721 N.Y.S.2d 535

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