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The PEOPLE of the State of New York, Respondent, v. Danny PRICE, Defendant-Appellant.
Judgment, Supreme Court, New York County (James Leff, J.), rendered February 29, 1996, convicting defendant, upon his plea of guilty, of two counts of robbery in the first degree and one count of robbery in the second degree, and sentencing him to three consecutive terms of 2 1/3 to 7 years, unanimously affirmed.
The record, viewed in its entirety, is sufficient to establish the voluntariness of defendant's plea (see, People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646). The court's comment that defendant's guilty plea would require waiver of appellate review of his undecided suppression motion was an accurate statement (People v. Fernandez, 67 N.Y.2d 686, 499 N.Y.S.2d 919, 490 N.E.2d 838; People v. Taveras, 187 A.D.2d 317, 590 N.Y.S.2d 695, lv. denied 81 N.Y.2d 848, 595 N.Y.S.2d 747, 611 N.E.2d 786) and had no coercive effect. Defendant's factual allocution did not require the court to inquire into the affirmative defense to robbery in the first degree (People v. Toxey, 86 N.Y.2d 725, 631 N.Y.S.2d 119, 655 N.E.2d 160).
Defendant's motion to withdraw his guilty plea was properly denied. The court's review of defendant's written motion, which defendant did not seek to supplement orally, constituted a sufficient inquiry (People v. Swinson, 240 A.D.2d 299, 659 N.Y.S.2d 747).
We have reviewed defendant's remaining contentions and find them to be without merit.
MEMORANDUM DECISION.
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Decided: November 20, 1997
Court: Supreme Court, Appellate Division, First Department, New York.
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