PEOPLE v. SMITH

2009-06036.

82 A.D.3d 911 (2011)

918 N.Y.S.2d 348

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY SMITH, Appellant.

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

Decided March 8, 2011.


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 [1983]; Matter of Benjamin S., 55 N.Y.2d 116

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