Opinion
June 15, 2000.
Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered May 18, 1999, convicting defendant, upon his plea of guilty, of burglary in the second degree and attempted sexual abuse in the first degree, and sentencing him to concurrent terms of 2 1/4 to 4 1/2 years and 1 1/3 to 4 years, respectively, unanimously affirmed.
Susan Axelrod, for respondent.
Bruce D. Austern, for defendant-appellant.
Before: Rosenberger, J.P., Tom, Mazzarelli, Andrias, Saxe, JJ.
Since defendant made no motion to withdraw his guilty plea, the sentencing court was under no obligation to inquire into his post-plea assertions of innocence (People v. Lopez, 262 A.D.2d 109,lv denied 93 N.Y.2d 1003). Moreover, the court specifically asked defendant if he was making a motion to withdraw his plea and defendant replied in the negative, and told the court to "go along with the sentence." Under those circumstances, the court would have had no authority to vacate defendant's plea without his consent, notwithstanding his claim of innocence (Matter of Fernandez v. Silbowitz, 59 A.D.2d 837). In any event, the record establishes the voluntariness of defendant's plea.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.