Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 2011PublishedCited by 2 opinions

1Opinion of the Court

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 NY2d 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 AD2d 318, 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 v Watford, 239…

2Cases cited8 opinions

  1. People v. KinchenNew York Court of Appeals · 1983
  2. In re Benjamin S.New York Court of Appeals · 1982
  3. People v. Da FornoNew York Court of Appeals · 1981
  4. People v. FinchAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. St. GelaisAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by2 opinions

  1. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2013

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