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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TREVOR TOUSSAINT, DEFENDANT-APPELLANT.

Since defendant did not move to withdraw his plea and since there is nothing in his plea allocution that would cast doubt on his guilt or otherwise call into question the voluntariness of his plea (see, People v. Toxey, 86 N.Y.2d 725), the court was under no obligation to conduct asua sponte inquiry into statements he made to the probation officer preparing the pre-sentence report (People v. Pantoja, 281 N.Y.2d 245, lv denied 96 N.Y.2d 905). Moreover, the statements at issue in the pre-sentence report are not inconsistent with defendant's statements made at the time of the guilty plea.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. TOUSSAINT
(May 7, 2002)