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People v. Perez

208 A.D.2d 960 Court N.Y. App. Div. Decision date 1994-10-31 English

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p. 960
The People of the State of New York, Respondent, v Carmen Perez, Also Known as Flavia Perez, Appellant.
[618 NYS2d 579]

Appeal by the defendant from (1) a judgment of the Supreme Court, Queens County (Orgera, J.), rendered January 12, 1993, convicting her of criminal possession of a controlled substance in the seventh degree under Indictment No. N11657/92, upon her plea of guilty, and imposing sentence, and (2) an amended judgment of the same court, also rendered January 12, 1993 revoking a sentence of probation previously imposed by the same court (Buchter, J.), upon a finding that she violated a condition thereof, upon her admission, and imposing a sentence of imprisonment upon her previous conviction of attempted criminal sale of a controlled substance in the third degree under Superior Court Information No. N11134/92.

Ordered that the judgment and amended judgment are affirmed.

A review of the record indicates that the defendant entered her pleas knowingly, intelligently, and voluntarily (see, People v Harris, 61 NY2d 9 , 17).

p. 961
Inasmuch as the defendant’s claims of ineffective assistance of counsel are premised on facts dehors the record, they are beyond review on direct appeal (see, People v Dyson, 200 AD2d 756 ). Sullivan, J. P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.

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