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People v. Riley

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1999
264 A.D.2d 689 (N.Y. App. Div. 1999)

Opinion

September 30, 1999

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.

Daniel R. Wanderman for Respondent.

Kevin Casey for Defendant-Appellant.

WILLIAMS, J.P., TOM, LERNER, RUBIN, SAXE, JJ.


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 A.D.2d 327, lv denied 88 N.Y.2d 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 N.Y.2d 1, 9-10).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Riley

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1999
264 A.D.2d 689 (N.Y. App. Div. 1999)
Case details for

People v. Riley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS RILEY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 30, 1999

Citations

264 A.D.2d 689 (N.Y. App. Div. 1999)
695 N.Y.S.2d 354

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