Opinion
2000-02238.
Decided April 12, 2004.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered February 10, 2000, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
Matthew Muraskin, Melville, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Douglas A. Spencer of counsel), for respondent.
Before: NANCY E. SMITH, J.P., DANIEL F. LUCIANO, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not made knowingly, intelligently, and voluntarily because the County Court failed to advise him that he would be subjected to five years of post-release supervision, is unpreserved for appellate review ( see People v. Concepcion, 2 A.D.3d 873; People v. Chapman, 2 A.D.3d 647, lv denied 1 N.Y.3d 596; People v. Mapp, 308 A.D.2d 462, lv denied 1 N.Y.3d 575; People v. Folks, 306 A.D.2d 355; People v. Higgins, 304 A.D.2d 773).
There is no merit to the contention that the failure of the defendant's attorney to attempt to negotiate a shorter term of post-release supervision constituted ineffective assistance of counsel, since the five-year period imposed is mandatory for second violent felony offenders such as the defendant ( see Penal Law § 70.45.
SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.