PEOPLE v. ADGATE

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).