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People v. Russell

Appellate Division of the Supreme Court of New York, Second Department
May 24, 2004
7 A.D.3d 818 (N.Y. App. Div. 2004)

Opinion

2002-05196.

Decided May 24, 2004.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered April 11, 2002, convicting him of robbery in the first degree (two counts), upon his plea of guilty, and imposing sentence.

Michael O'Brien, Syosset, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiano of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, WILLIAM F. MASTRO, 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 or vacate the judgment of conviction on that ground ( see 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. Higgins, 304 A.D.2d 773; People v. Vatore, 303 A.D.2d 607; People v. Curry, 301 A.D.2d 658, 659; People v. Velez, 301 A.D.2d 619; People v. Wilson, 296 A.D.2d 430; cf. People v. Melio, 304 A.D.2d 247 [issue preserved by CPL 440.10 motion made in Supreme Court]). Further, we decline to review the issue in the exercise of our interest of justice jurisdiction.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.


Summaries of

People v. Russell

Appellate Division of the Supreme Court of New York, Second Department
May 24, 2004
7 A.D.3d 818 (N.Y. App. Div. 2004)
Case details for

People v. Russell

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JEFFREY RUSSELL, appellant

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

Date published: May 24, 2004

Citations

7 A.D.3d 818 (N.Y. App. Div. 2004)
776 N.Y.S.2d 862

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