Opinion
2855.
Decided February 17, 2004.
Judgment, Supreme Court, Bronx County (John Byrne, J.), rendered July 25, 2001, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
William K. Clark, for Respondent.
Lisa Lewis, for Defendant-Appellant.
Before: Buckley, P.J., Sullivan, Williams, Gonzalez, JJ.
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), 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 ( see People v. Parra, 262 A.D.2d 170, lv denied 93 N.Y.2d 1024).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.