People v. PANTOJA, JR.
| Decision Date | 15 March 2001 |
| Citation | 281 A.D.2d 245,721 N.Y.S.2d 535 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>RAFAEL M. PANTOJA, JR., Also Known as RALPH M. PANTOJA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Since nothing in defendant's plea allocution cast doubt on the voluntariness of his plea (see, People v Toxey, 86 NY2d 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 AD2d 327, lv denied 88 NY2d 882).
Defendant's valid waiver of the right to appeal forecloses review of his excessive sentence claim (People v Seaberg, 74 NY2d 1, 9-10).
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5 cases
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People v. Appling
...674; People v. Jones, 41 A.D.3d 509, 510, 837 N.Y.S.2d 306; People v. Bonilla, 299 A.D.2d 934, 935, 750 N.Y.S.2d 224; People v. Pantoja, 281 A.D.2d 245, 246, 721 N.Y.S.2d 535). The defendant's valid waiver of the right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 85......
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People v. Ospina
...v. Castro , 102 A.D.3d 546, 547, 961 N.Y.S.2d 24 ; People v. Espinal , 99 A.D.3d 435, 435–436, 951 N.Y.S.2d 525 ; People v. Pantoja , 281 A.D.2d 245, 246, 721 N.Y.S.2d 535 ). Moreover, although the defendant argues otherwise, the statements at issue did not negate any element of the crimes ......
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People v. Espinal
...sua sponte inquiry into statements he made to the probation officer preparing the presentence report ( see e.g. People v. Pantoja, 281 A.D.2d 245, 721 N.Y.S.2d 535 [1st Dept.2001], lv. denied96 N.Y.2d 905, 730 N.Y.S.2d 803, 756 N.E.2d 91 [2001] ). In any event, the statements at issue in th......
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People v. Castro
...the nature of the stolen property ( see e.g. People v. Espinal, 99 A.D.3d 435, 951 N.Y.S.2d 525 [1st Dept. 2012]; People v. Pantoja, 281 A.D.2d 245, 721 N.Y.S.2d 535 [1st Dept. 2001], lv. denied96 N.Y.2d 905, 730 N.Y.S.2d 803, 756 N.E.2d 91 [2001] ). Moreover, defendant's statement to the p......
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