Opinion
2559, 2559A.
Decided December 23, 2003.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered March 19, 1999, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree and operating a motor vehicle while under the influence of alcohol, and sentencing him, as a second felony offender, to concurrent terms of 3 years and 1 year, with a fine of $1000 and 5 years post-release supervision, and order, same court and Justice, entered on or about October 18, 2002, which denied defendant's motion to vacate the judgment, unanimously affirmed.
Beth Fisch Cohen, for Respondent.
Natalie Rea, for Defendant-Appellant.
Before: Buckley, P.J., Sullivan, Ellerin, Williams, Gonzalez, JJ.
The record of the hearing on defendant's CPL 440.10 motion supports the court's determination ( 193 Misc.2d 623) that knowledge of the post-release supervision component of the sentence would not have affected defendant's decision to plead guilty ( see United States v. Timmreck, 441 U.S. 780; People v. Ammarito, 306 A.D.2d 99; People v. Melio, 304 A.D.2d 247). The record similarly establishes that counsel provided effective assistance in connection with the plea ( see People v. McDonald, N.Y.2d [Nov 24, 2003], 2003 WL 22764237; People v. Ford, 86 N.Y.2d 397, 404). People v. Rosenthal ( 305 A.D.2d 327) is not to the contrary. There, we reduced the sentence because the circumstances indicated it was excessive and not because defendant was not advised of post-release supervision.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.