| People v Joseph |
| 2013 NY Slip Op 00765 [103 AD3d 665] |
| February 6, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Aasim Joseph, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Toomey, J.), rendered January 17, 2012, convicting him of attempted criminalpossession of a weapon in the second degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's claim with respect to the voluntariness of the plea survives even avalid waiver of the right to appeal (see People v Cohen, 100 AD3d 919 [2012]; People v McLean, 77 AD3d684, 684 [2010]). However, the transcript of the plea proceeding demonstrates thatprior to the defendant's plea, the County Court ensured that the defendant understood thespecific period of postrelease supervision which would follow his term of incarcerationunder the terms of the plea agreement (compare People v Boyd, 12 NY3d 390, 393 [2009]; People v Hill, 9 NY3d189, 192 [2007], cert denied 553 US 1048 [2008]; People v Louree, 8 NY3d541, 545 [2007]; People vCatu, 4 NY3d 242, 244 [2005]). Accordingly, contrary to the defendant'scontention, his plea of guilty was knowingly, voluntarily, and intelligently entered (see generally People vFigueroa, 100 AD3d 1016 [2012]). Dillon, J.P., Angiolillo, Leventhal andMiller, JJ., concur.