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People v. Concepcion

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 2003
2 A.D.3d 873 (N.Y. App. Div. 2003)

Opinion

2002-08406.

December 29, 2003.

Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered August 19, 2002, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Mark Diamond, New York, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y., (Catherine A. Walsh of counsel), for respondent.

Before: SANDRA L. TOWNES and REINALDO E. RIVERA, 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.

FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.


Summaries of

People v. Concepcion

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 2003
2 A.D.3d 873 (N.Y. App. Div. 2003)
Case details for

People v. Concepcion

Case Details

Full title:THE PEOPLE, ETC., respondent, v. PETER CONCEPCION, appellant

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

Date published: Dec 29, 2003

Citations

2 A.D.3d 873 (N.Y. App. Div. 2003)
769 N.Y.S.2d 747

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