| People v Smith |
| 2011 NY Slip Op 01870 [82 AD3d 911] |
| March 8, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v LarrySmith, Appellant. |
—[*1] 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 becommitted to a correctional facility within a particular geographic area, involves an issue that isdehors the record and, thus, not reviewable on direct appeal (see People v Kinchen, 60NY2d 772, 773-774 [1983]; Matter of Benjamin S., 55 NY2d 116, 120-121 [1982];People v Da Forno, 53 NY2d 1006, 1008 [1981]; People v Chrysler, 288 AD2d318, 319 [2001]; People v Branch, 288 AD2d 55, 55-56 [2001]; People v Finch,279 AD2d 588 [2001]; People v St. Gelais, 245 AD2d 318, 319 [1997]; People vWatford, 239 AD2d 367, 367-368 [1997]). Rivera, J.P., Florio, Dickerson, Hall and Roman,JJ., concur.