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PEOPLE v. DONALD

Appellate Division of the Supreme Court of New York, Fourth Department.
Mar 19, 2004
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MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: By failing to move to withdraw the plea or vacate the judgment of conviction, defendant failed to preserve for our review his contention that the plea was not knowingly and voluntarily entered because Supreme Court failed to advise him that he would be subject to a period of postrelease supervision ( see People v. Hollenbach, 307 A.D.2d 776, lv denied 100 N.Y.2d 642). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see People v. Crump, 302 A.D.2d 901, lv denied 100 N.Y.2d 537).