Opinion
No. 2009-06036.
March 8, 2011.
Appeal by the defendant from a judgment of the County Court, Westchester County (Molea, J.), rendered May 21, 2009, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.
Robert Schuster, Mount Kisco, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager, Lois Cullen Valerio, and Richard Longworth Hecht of counsel), for respondent.
Before: Rivera, J.P., Florio, Dickerson, Hall and Roman, JJ.
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 NY2d 772, 773-774; Matter of Benjamin S., 55 NY2d 116, 120-121; People v Da Forno, 53 NY2d 1006, 1008; People v Chrysler, 288 AD2d 318, 319; People v Branch, 288 AD2d 55, 55-56; People v Finch, 279 AD2d 588; People v St. Gelais, 245 AD2d 318, 319; People v Watford, 239 AD2d 367, 367-368).