Yonkers Man Gets Five Years in Jail for Firing AK-47 at Pizza Delivery Man

Westchester County District Attorney Miriam E. Rocah announced that on June 24, 2022, Yonkers resident Perry Foy was sentenced to five years in state prison for firing an AK-47 at a food delivery driver in 2021.

“There will be zero tolerance for terrorizing communities with dangerous weapons like AK-47s,”
DA Rocah said. “As I outlined in my recent Gun Safety Plan, our top priority is getting illegal
guns off our streets with a promise that my Office will vigorously prosecute those who commit
gun crimes. Thanks to the swift actions of the Yonkers Police Department, we have removed
another deadly weapon from our streets. Any individuals who use guns in a dangerous and
reckless way will face consequences. We are relieved that the victim in this case did not sustain
any physical injuries, though the trauma of being subjected to gunfire will be lasting.”

On January 16, 2021, at approximately 1 a.m., Foy shot an AK-47 rifle several times at a man
getting out of his car to deliver pizza to an apartment on South Waverly Street in Yonkers. The
victim, who was a stranger to the defendant, was physically unharmed but his car was struck
many times. The Yonkers Police Department arrested Foy shortly after the incident and seized
the rifle, along with two magazines containing a total of 60 rounds of ammunition.

Foy, 38, was sentenced to five years in state prison, with five years of post-release supervision,
after pleading guilty to Attempted Assault in the First Degree, a felony.

The case was before Judge Robert Prisco in Westchester County Court, and was prosecuted by
Senior Trial Counsel Brian Bendish of the Trials and Investigations Division.