People v Brown
2013 NY Slip Op 04349 [107 AD3d 819]
June 12, 2013
Appellate Division, Second Department
As corrected through Wednesday, July 31, 2013


The People of the State of New York,Respondent,
v
Ryan Brown, Appellant.

[*1]Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant.

Francis D. Phillips II, District Attorney, Middletown, N.Y. (Andrew R. Kass ofcounsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered May 24, 2010, convicting him of criminal possession of a controlledsubstance in the fourth degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his plea was not knowingly, voluntarily, or intelligentlyentered because the County Court failed to advise him at the time of the plea that hissentence would include a period of postrelease supervision. The defendant's contention isunpreserved for appellate review because the defendant was made aware of thepostrelease supervision component of his sentence at the outset of the sentencingproceeding, and nonetheless failed to move to withdraw his plea prior to the impositionof sentence (see People vMurray, 15 NY3d 725 [2010]; cf. People v McAlpin, 17 NY3d 936, 938 [2011]; People v Louree, 8 NY3d541, 545-546 [2007]). Under the circumstances of this case, we decline to reach theissue in the exercise of our interest of justice jurisdiction.

The defendant's remaining contention is without merit. Dillon, J.P., Hall, Roman andCohen, JJ., concur.


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