| People v Smith |
| 2023 NY Slip Op 00765 |
| Decided on February 10, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 10, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: PERADOTTO, J.P., LINDLEY, BANNISTER, MONTOUR, AND OGDEN, JJ.
102 KA 22-00170
v
MATTHEW C. SMITH, DEFENDANT-APPELLANT.
ROSEMARIE RICHARDS, GILBERTSVILLE, FOR DEFENDANT-APPELLANT.
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 Brady violation (see generally Brady v Maryland, 373 US 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 AD3d 1463, 1464-1465 [4th Dept 2015], lv denied 25 NY3d 990 [2015]; People v DeJesus, 110 AD3d 1480, 1482 [4th Dept 2013], lv denied 22 NY3d 1155 [2014]; People v Ellis, 73 AD3d 1433, 1434 [4th Dept 2010], lv denied 15 NY3d 851 [2010]).
Entered: February 10, 2023
Ann Dillon Flynn
Clerk of the Court