Opinion
987-987A
May 7, 2002.
Judgment, Supreme Court, New York County (Laura Drager, J.), rendered April 9, 1997, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a term of 6 months and 4½ years probation, and judgment of resentence, same court (Arlene Goldberg, J.), rendered February 2, 2000, convicting defendant, upon his plea of guilty, of violation of probation, and resentencing him to a term of 1 year, unanimously affirmed.
Jennifer Chung, for respondent.
Jonathan M. Kirshbaum, for defendant-appellant.
Before: Williams, P.J., Nardelli, Saxe, Rosenberger, Marlow, JJ.
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.