Citation Codes Equivalent Citations citation codes Attorney(S) Richard F. Marris, Syracuse, for appellant. Donald F. Cerio Jr., District Attorney (Renee M. Smith of counsel), Wampsville, for respondent. Judges Karen K. Peters John A. Lahtinen See more information ... Smart Summary Please sign up to generate summary. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KENNETH B. SANTMYER, APPELLANT. MEMORANDUM AND ORDER Crew III, J. Defendant pleaded guilty to burglary in the second degree in full satisfaction of an indictment charging burglary in the first degree, criminal contempt in the first and second degrees, unlawful imprisonment in the first degree, menacing in the second degree and aggravated harassment in the second degree, as the result of which he was sentenced to, inter alia, a determinate term of imprisonment of eight years. On this appeal, defendant claims that the allocution conducted by County Court was insufficient to support his conviction of burglary in the second degree. We disagree. Whatever factual deficiencies may be claimed by defendant, it is now well settled that where a defendant pleads guilty to a lesser crime than that charged in the indictment, a factual basis for such plea is not necessary (see, People v. Evans, 269 A.D.2d 797, 798, lv denied 95 N.Y.2d 834). Defendant's further contention that he was denied effective assistance of counsel has been waived by reason of his plea of guilty, inasmuch as the record plainly reflects that the claimed ineffectiveness had no impact upon the voluntariness of defendant's plea (see, People v. Lynch, 256 A.D.2d 651, lv denied 93 N.Y.2d 1004). ORDERED that the judgment is affirmed.