Opinion
KA 02-01328.
Decided June 14, 2004.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered May 29, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the first degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (VINCENT F. GUGINO OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (DON I. DALLY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., HURLBUTT, GORSKI, MARTOCHE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15). Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was voluntary, knowing and intelligent( see People v. Torres, 236 A.D.2d 642, lv denied 89 N.Y.2d 1041; see also People v. DeJesus, 248 A.D.2d 1023, lv denied 92 N.Y.2d 878). Furthermore, by failing to move to withdraw the plea or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that the guilty plea and sentence must be vacated based on County Court's failure to advise him that he would be subject to a period of postrelease supervision ( see People v. Larweth, 303 A.D.2d 1029, lv denied 99 N.Y.2d 656; People v. Shumway, 295 A.D.2d 916, 917).