Opinion
13585
Decided and Entered: January 2, 2003.
Appeal from a judgment of the County Court of Washington County (Hemmett Jr., J.) rendered October 3, 2001, convicting defendant upon his plea of guilty of two counts of the crime of sexual abuse in the first degree.
Maynard' O'Connor, Smith Catalinotto L.L.P., Albany (Michael T. Snyder of counsel), for appellant.
Robert M. Winn, District Attorney, Fort Edward (Bertlen F. Turner of counsel), for respondent.
Before: Cardona, P.J., Crew III, Peters, Rose and Lahtinen, JJ.
MEMORANDUM AND ORDER
In satisfaction of a 14-count indictment, defendant pleaded guilty to two counts of sexual abuse in the first degree and was sentenced in accordance with the plea agreement to consecutive prison terms of four years for each count. We are unpersuaded by defendant's contention that the sentence should be modified because he was not informed of any period of postrelease supervision resulting from his guilty plea. To be sure, "[t]he failure to inform a defendant of the postsupervision component of a sentence does not, in and of itself, provide a basis for modifying the sentence" (People v. Housman, 291 A.D.2d 665, 667, lv denied 98 N.Y.2d 638). Here, although a defendant may be entitled to an opportunity to withdraw his plea (see People v. Cooney, 290 A.D.2d 727, lv denied 97 N.Y.2d 752), defendant clearly states in his brief that he wishes to retain his guilty plea and instead requests only that the sentence of postrelease supervision period be modified. In view of the foregoing and finding no extraordinary circumstances warranting a reduction of the sentence imposed in the interest of justice, the judgment is affirmed (see People v. Rawdon, 296 A.D.2d 599; People v. Yekel, 288 A.D.2d 762).
Cardona, P.J., Crew III, Peters, Rose and Lahtinen, JJ., concur.
ORDERED that the judgment is affirmed.