| People v Thompson |
| 2013 NY Slip Op 06884 [110 AD3d 1014] |
| October 23, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Benjamin E. Thompson, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel),for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County(Hinrichs, J.), rendered October 1, 2010, convicting him of attempted robbery in the firstdegree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant correctly contends that he did not validly waive his right to appeal.The record does not demonstrate that the defendant "grasped the concept of the appealwaiver and the nature of the right he was forgoing" (People v Bradshaw, 18 NY3d 257, 267 [2011]; see People v Springer, 104AD3d 794 [2013]; cf.People v Ramos, 7 NY3d 737, 738 [2006]).
Nevertheless, the defendant's contentions with respect to an alleged cooperationagreement involve matter that is dehors the record and, thus, are not reviewable on directappeal (see People v Smith,82 AD3d 911 [2011]; see also Matter of Benjamin S., 55 NY2d 116,120-121 [1982]). Mastro, J.P., Angiolillo, Leventhal and Chambers, JJ., concur.