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PEOPLE v. MATHEWS

4 A.D.3d 154 (2004)

771 N.Y.S.2d 641

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONETTE MATHEWS, Also Known as KATHERINE TORRES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 17, 2004.

The record establishes that defendant knowingly, intelligently and voluntarily pleaded guilty and waived her right to appeal. Since nothing in defendant's plea allocution cast doubt on the voluntariness of her plea (see People v Toxey, 86 N.Y.2d 725 [1995]), and since defendant made no motion to withdraw the plea, the court was under no obligation to conduct a sua sponte inquiry into defendant's denial of guilt at sentencing (

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