People v Perry
2009 NY Slip Op 02003 [60 AD3d 873]
March 17, 2009
Appellate Division, Second Department
As corrected through Wednesday, May 6, 2009


The People of the State of New York,Respondent,
v
Edward Perry, Appellant.

[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Crecca, J.),rendered August 18, 2006, convicting him of manslaughter in the first degree, upon his plea ofguilty, and imposing sentence.

Ordered that the judgment is affirmed.

To the extent that the defendant's contentions regarding the alleged involuntariness of hisguilty plea and the ineffectiveness of his counsel can be reviewed in light of his waiver of hisright to appeal, the record refutes his claims (see People v Ramsey, 49 AD3d 565 [2008]). To the extent that thedefendant's claims are predicated on matter dehors the record, they may not be reviewed ondirect appeal (see People vRusielewicz, 45 AD3d 704 [2007]). Mastro, J.P., Fisher, Florio and Eng, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.