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People v. Riley

264 A.D.2d 689 Court N.Y. App. Div. Decision date 1999-09-30 English

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p. 689
The People of the State of New York, Respondent, v Thomas Riley, Appellant.
[695 NYS2d 354]

Judgment, Supreme Court," Bronx County (Daniel FitzGerald, J., at Wade hearing; Edward Davidowitz, J., at plea and sentence), rendered March 7, 1997, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 11 years to life, unanimously affirmed.

Since nothing in defendant’s plea allocution cast doubt on his guilt, the court had no obligation to conduct a sua sponte inquiry into allegedly exculpatory statements made by defendant at sentencing (see, People v Negron, 222 AD2d 327 , lv denied 88 NY2d 882 ).

Review of defendant’s remaining contentions, including review in the interest of justice, is foreclosed by his valid waiver of the right to appeal (People v Seaberg, 74 NY2d 1 , 9-10). Concur — Williams, J. P., Tom, Lerner, Rubin and Saxe, JJ.

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