Opinion
3707-3707A.
Decided May 20, 2004.
Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered January 20, 1998, convicting defendant, upon his plea of guilty, of sexual abuse in the first degree, and sentencing him to a term of 1½ to 3 years, and order, same court and Justice, entered on or about June 27, 2002, which denied defendant's motion to vacate the judgment, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (William A. Loeb of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (T. Charles Won of counsel), for respondent.
Before: Tom, J.P., Sullivan, Williams, Lerner, Gonzalez, JJ.
Since defendant expressly stated that he did not wish to withdraw his guilty plea, there was no reason for the sentencing court to inquire into his protestations of innocence, since the court would have had no authority to vacate defendant's plea without his consent ( People v. Skinner, 273 A.D.2d 105, lv denied 95 N.Y.2d 871; People v. Brye, 223 A.D.2d 481, lv denied 88 N.Y.2d 845; Matter of Fernandez v. Silbowitz, 59 A.D.2d 837). In any event, defendant's plea was knowing, intelligent and voluntary and there was nothing in the plea allocution that cast significant doubt on his guilt ( see People v. Toxey, 86 N.Y.2d 725, 726).
We have considered and rejected defendant's remaining claims.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.