PEOPLE v. TURNER

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree (Penal Law §§ 110.00, 265.02), assault in the third degree (§ 120.00 [2]), menacing in the second degree (§ 120.14 [1]) and harassment in the second degree (§ 240.26 [1]). The voluntary, knowing and intelligent waiver by defendant of the right to appeal encompasses his challenge to the factual sufficiency of the plea allocution ( see People v. Morgan, 275 AD2d 970, lv denied 96 NY2d 761). In any event, "[a] bargained guilty plea to a lesser crime makes unnecessary a factual basis for the particular crime confessed" ( People v. Clairborne, 29 NY2d 950, 951).