Opinion
2002-05819.
Decided December 15, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered May 20, 2002, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel; Renee Anderson on the brief), for respondent.
Before: HOWARD MILLER, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowingly, intelligently, and voluntarily made because he was not informed that he would be subject to a mandatory period of post-release supervision is not preserved for appellate review. The defendant did not move to withdraw his plea of guilty on this ground or move to vacate the judgment of conviction in the court of first instance ( see People v. Mapp, 308 A.D.2d 462; People v. Folks, 306 A.D.2d 355, lv denied 100 N.Y.2d 581; People v. Higgins, 304 A.D.2d 773) and we decline to review it in the exercise of our interest of justice jurisdiction.
The defendant's waiver of his right to appeal forecloses his challenge to the severity of the sentence ( see People v. Lococo, 92 N.Y.2d 825, 827; People v. Hidalgo, 91 N.Y.2d 733, 737; People v. Barnes, 306 A.D.2d 537).
The defendant's remaining contentions either are unpreserved for appellate review or without merit.
RITTER, J.P., SMITH, FRIEDMANN, H. MILLER and CRANE, JJ., concur.