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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL RODRIGUEZ, Appellant.

Defendant's challenge to the voluntariness of his plea is unpreserved because he never moved to withdraw his guilty plea or to vacate his conviction, and we decline to review it in the interest of justice. Were we to review this claim, we would find from our review of the plea allocution minutes that defendant's plea was knowingly and voluntarily entered. Although the court released defendant from custody between the plea and sentence to enable him to obtain medical treatment, defendant never indicated that his plea was motivated by a desire to obtain such treatment ( see, People v. Greeman, 194 A.D.2d 397, lv denied 82 N.Y.2d 719). We find nothing in the record that would have obligated the sentencing court to conduct an inquiry, sua sponte, into defendant's motivation in pleading guilty ( see, People v. Boone, 201 A.D.2d 356, lv denied 83 N.Y.2d 849).

Concur — Ellerin, P. J., Mazzarelli, Rubin, Andrias and Buckley, JJ.

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PEOPLE v. RODRIGUEZ
(Jun 29, 1999)