People v Brian Quinn

People v Quinn 2006 NY Slip Op 04307 [29 AD3d 1021] May 30, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 19, 2006

The People of the State of New York, Respondent,
v
Brian Quinn, Appellant.

—[*1]Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered March 10, 2005, convicting him of attempted robbery in the first degree and robbery in the third degree (two counts), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that his plea was not voluntarily and intelligently made because his counsel incorrectly advised him as to his conditional release date (see Correction Law § 803 [1]), is based on a matter which is dehors the record and cannot be reached on direct appeal (cf. People v Carlaftes, 216 AD2d 312, 313 [1995]). Miller, J.P., Ritter, Luciano, Spolzino and Dillon, JJ., concur.