Opinion
2013-10-23
The PEOPLE, etc., respondent, v. Benjamin E. THOMPSON, appellant.
Steven A. Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
Steven A. Feldman, Uniondale, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Hinrichs, J.), rendered October 1, 2010, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant correctly contends that he did not validly waive his right to appeal. The record does not demonstrate that the defendant “grasped the concept of the appeal waiver and the nature of the right he was forgoing” ( People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645;see People v. Springer, 104 A.D.3d 794, 960 N.Y.S.2d 501;cf. People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222).
Nevertheless, the defendant's contentions with respect to an alleged cooperation agreement involve matter that is *576dehors the record and, thus, are not reviewable on direct appeal ( see People v. Smith, 82 A.D.3d 911, 918 N.Y.S.2d 348;see also Matter of Benjamin S., 55 N.Y.2d 116, 120–121, 447 N.Y.S.2d 905, 432 N.E.2d 777).