People v. Smith

• Decision Date: 08 March 2011
• Parties: The PEOPLE, etc., respondent, v. Larry SMITH, appellant.
• Court: New York Supreme Court — Appellate Division

918 N.Y.S.2d 348

82 A.D.3d 911

The PEOPLE, etc., respondent,

v.Larry SMITH, appellant.

Supreme Court, Appellate Division, Second Department, New York.

March 8, 2011.

Robert Schuster, Mount Kisco, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Lois Cullen Valerio, and Richard Longworth Hecht of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Molea, J.), rendered May 21, 2009, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim regarding an alleged promise that, upon pleading guilty, he would be committed to a correctional facility within a particular geographic area, involves an issue that is dehors the record and, thus, not reviewable on direct appeal ( see People v. Kinchen, 60 N.Y.2d 772, 773-774, 469 N.Y.S.2d 680, 457 N.E.2d 786; Matter of Benjamin S., 55 N.Y.2d 116, 120-121, 447 N.Y.S.2d 905, 432 N.E.2d 777; People v. Da Forno, 53 N.Y.2d 1006, 1008, 442 N.Y.S.2d 476, 425 N.E.2d 864; People v. Chrysler, 288 A.D.2d 318, 319, 733 N.Y.S.2d 612; People v. Branch, 288 A.D.2d 55, 55-56, 732 N.Y.S.2d 345; People v. Finch, 279 A.D.2d 588, 719 N.Y.S.2d 600; People v. St. Gelais, 245 A.D.2d 318, 319, 667 N.Y.S.2d 264; People v. Watford, 239 A.D.2d 367, 367-368, 657 N.Y.S.2d 997).

RIVERA, J.P., FLORIO, DICKERSON, HALL and ROMAN, JJ., concur.