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PEOPLE v. CARTER

Appellate Division of the Supreme Court of New York, Third Department.
Feb 26, 2004
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MEMORANDUM AND ORDER

On March 26, 2002, defendant pleaded guilty to the crime of burglary in the second degree and waived his right to appeal. He was sentenced as a second felony offender to 10 years in prison to be followed by five years of postrelease supervision. On appeal, defendant maintains that his plea should be vacated in the interest of justice because he was not informed of the mandatory period of postrelease supervision. We decline to exercise our interest of justice jurisdiction in this matter inasmuch as defendant failed to object at the time of sentencing or move to withdraw his plea ( see People v. La Valley, 2 A.D.3d 1212, lv denied; People v. Van Gordon, 307 A.D.2d 547, 548).

Crew III, J.P., Peters, Spain, Rose and Kane, JJ., concur.

ORDERED that the judgment is affirmed.