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29 A.D.3d 1021

People v. Quinn

Appellate Division of the Supreme Court of the State of New York · decided 2006-05-30

Decided 2006-05-30

¶1Appeal 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.

¶2Ordered that the judgment is affirmed.

¶3The 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.

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