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People v. Smith

Supreme Court of New York, Fourth Department
Feb 10, 2023
2023 N.Y. Slip Op. 765 (N.Y. App. Div. 2023)

Opinion

No. 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.

Appeal from a judgment of the Steuben County Court (Patrick F. McAllister, A.J.), rendered October 19, 2021. The judgment convicted defendant upon his plea of guilty of criminal possession of a controlled substance in the fifth degree.

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 Brad y violation (see generally Brady v Maryland, 373 U.S. 83, 87 [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 [4th Dept 2015], lv denied 25 N.Y.3d 990 [2015]; People v DeJesus, 110 A.D.3d 1480, 1482 [4th Dept 2013], lv denied 22 N.Y.3d 1155 [2014]; People v Ellis, 73 A.D.3d 1433, 1434 [4th Dept 2010], lv denied 15 N.Y.3d 851 [2010]).


Summaries of

People v. Smith

Supreme Court of New York, Fourth Department
Feb 10, 2023
2023 N.Y. Slip Op. 765 (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 of New York, Fourth Department

Date published: Feb 10, 2023

Citations

2023 N.Y. Slip Op. 765 (N.Y. App. Div. 2023)