People v. Zimmerman

Judgment unanimously affirmed. Memorandum: The record establishes that defendant made a voluntary, knowing and intelligent waiver of his right to appeal (see, People v Callahan, 80 NY2d 273 ; People v Streicher, 217 AD2d 947 ). That waiver encompassed defendant’s challenges to the factual sufficiency of the plea allocution (see, People v Cooper, 191 AD2d 1046 ) and the excessiveness of the sentence (see, People v Allen, 82 NY2d 761 , 763; People v Chandler, 214 AD2d 1027 ). Moreover, where, as here, defendant pleads guilty "to a crime lesser than that charged in the indictment, a factual colloquy is not required” (People v Tirado, 214 AD2d 1044 , 1045; see, People v Clairborne, 29 NY2d 950 , 951; People v Gould, 207 AD2d 989 , lv denied 84 NY2d 1032 ). Furthermore, even assuming, arguendo, that a factual colloquy were required, we would conclude that defendant’s factual recitation was sufficient and that defen