People v. Toussaint

Appellate Division of the Supreme Court of New York

People v. Toussaint

294 A.D.2d 129, 740 N.Y.S.2d 878, 2002 N.Y. App. Div. LEXIS 5246

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 7, 2002

StatusPublished

Cited by3 cases

This text of 294 A.D.2d 129 (People v. Toussaint) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Toussaint, 294 A.D.2d 129, 740 N.Y.S.2d 878, 2002 N.Y. App. Div. LEXIS 5246 (N.Y. Ct. App. 2002).

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Opinion

—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 six months and 4V2 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 one year, unanimously affirmed.

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 NY2d 725), the court was under no obligation to conduct a sua sponte inquiry into statements he made to the probation officer preparing the pre-sentence report (People v Pantoja, 281 AD2d 245, lv denied 96 NY2d 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. Concur—Williams, P.J., Nardelli, Saxe, Rosenberger and Marlow, JJ.

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—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 six months and 4V2 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 one year, unanimously affirmed.

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 NY2d 725), the court was under no obligation to conduct a sua sponte inquiry into statements he made to the probation officer preparing the pre-sentence report (People v Pantoja, 281 AD2d 245, lv denied 96 NY2d 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. Concur—Williams, P.J., Nardelli, Saxe, Rosenberger and Marlow, JJ.

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Bluebook (online)

294 A.D.2d 129, 740 N.Y.S.2d 878, 2002 N.Y. App. Div. LEXIS 5246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-toussaint-nyappdiv-2002.

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