Opinion
March 29, 2000.
Appeal from Judgment of Genesee County Court, Noonan, J. — Attempted Burglary, 2nd Degree.
PRESENT: PIGOTT, JR., P. J., HAYES, HURLBUTT, SCUDDER AND KEHOE, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law § 110.00, 140.25 Penal). Defendant failed to preserve for our review his contention that County Court erred in failing to exercise its discretion under Penal Law § 70.45 (2) by specifying the period of post-release supervision imposed ( cf., People v. Wright [appeal No. 1] , 270 A.D.2d 829 [decided Feb. 16, 2000]; People v. King, 254 A.D.2d 814, lv denied 92 N.Y.2d 983), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). The sentence is neither unduly harsh nor severe.