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People v. Smith

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 10, 2023
181 N.Y.S.3d 913 (N.Y. App. Div. 2023)

Opinion

102 KA 22-00170

02-10-2023

The PEOPLE of the State of New York, Respondent, v. Matthew C. SMITH, Defendant-Appellant.

ROSEMARIE RICHARDS, GILBERTSVILLE, FOR DEFENDANT-APPELLANT.


ROSEMARIE RICHARDS, GILBERTSVILLE, FOR DEFENDANT-APPELLANT.

PRESENT: PERADOTTO, J.P., LINDLEY, BANNISTER, MONTOUR, AND OGDEN, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fifth degree ( Penal Law § 220.06 [1] ), defendant contends that his plea was not knowing, voluntary, and intelligent based on an alleged Brady violation (see generally Brady v. Maryland , 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 [1963] ). Defendant's contention involves matters outside the record on appeal and must therefore be raised by way of a motion pursuant to CPL article 440 (see People v. Jefferson , 125 A.D.3d 1463, 1464-1465, 3 N.Y.S.3d 547 [4th Dept. 2015], lv denied 25 N.Y.3d 990, 10 N.Y.S.3d 533, 32 N.E.3d 970 [2015] ; People v. DeJesus , 110 A.D.3d 1480, 1482, 973 N.Y.S.2d 512 [4th Dept. 2013], lv denied 22 N.Y.3d 1155, 984 N.Y.S.2d 639, 7 N.E.3d 1127 [2014] ; People v. Ellis , 73 A.D.3d 1433, 1434, 903 N.Y.S.2d 615 [4th Dept. 2010], lv denied 15 N.Y.3d 851, 909 N.Y.S.2d 28, 935 N.E.2d 820 [2010]).


Summaries of

People v. Smith

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 10, 2023
181 N.Y.S.3d 913 (N.Y. App. Div. 2023)
Case details for

People v. Smith

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Matthew C. SMITH…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Feb 10, 2023

Citations

181 N.Y.S.3d 913 (N.Y. App. Div. 2023)