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PEOPLE v. REED

Appellate Division of the Supreme Court of New York, Second Department.
Apr 12, 2004
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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 ยง 70.45.

SMITH, J.P., LUCIANO, ADAMS and RIVERA, JJ., concur.