Opinion
May 10, 2000.
Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Attempted Burglary, 1st Degree.
Judgment unanimously affirmed.
PRESENT: GREEN, J. P., HAYES, WISNER AND HURLBUTT, JJ.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the first degree (Penal Law § 110.00, 140.30 Penal [1]). Contrary to the contention of the People, defendant has preserved for our review his challenge to the severity of his sentence. Because Supreme Court did not advise defendant of the potential periods of incarceration, including the potential period of postrelease supervision, the waiver by defendant of the right to appeal does not encompass his challenge to the severity of the sentence ( see, People v. Cormack, ___ A.D.2d ___ [decided Feb. 16, 2000]; People v. Wynn, 262 A.D.2d 1052; cf., People v. Lococo, 92 N.Y.2d 825, 827). We conclude, however, that the five-year period of postrelease supervision imposed by the court is neither unduly harsh nor severe.