THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MATTHEW SMITH DEFENDANT APPELLANT (2023)

MEMORANDUM AND ORDER

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