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THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RAFAEL M. PANTOJA, JR., ETC., DEFENDANT-APPELLANT.

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).

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PEOPLE v. PANTOJA
(Mar 15, 2001)